RESTRICTED  
  
GPA/TN1994/4/Rev.5  
 
20 June 2005 
(24-2821) Page: 1/98 
Committee on Government Procurement  
Negotiations under Article XXIV:7 of the GPA 1994  
Comité des marchés publics  
Négociations au titre de l'article XXIV:7 de l'AMP 1994  
Comité de Contratación Pública  
Negociaciones en el marco del párrafo 7 del artículo XXIV  
del ACP 1994  
 
  
REVISION OF THE AGREEMENT ON GOVERNMENT PROCUREMENT  
AS AT 16  MARCH  2005*,** 
NOTE  BY THE SECRETARIAT  
Revision  
The purpose of this document is to present in a side -by-side table the revised draft text of the 
Agreement on Government Procurement as at 2  June 2005 (as reflected in Job  No. 4035, dated 
10 June 2005) and the corresponding provisions of the 1994  Agreement currently in force.  
 
For information, at the end of this paper a second table lists the numbering of the prov isions of the 
1994 Agreement in their sequence and the numbering of the corresponding provisions in the revised 
draft text.  
 
The two tables in this document do not reproduce or reference the following parts of the revised 
draft text of the Agreement, added  at the informal meetings of the week of 30  May 2005:  
 
− the proposal by the United States as to the suggested structure and content of the 
Annexes to Appendix  I; and 
 
− two suggested decisions by the Committee pursuant to Article XVI of the draft revised 
text of the Agreement [Rectifications and Modifications to Coverage].  
 
_______________  
 
 
* In English only . 
** Pursuant to the relevant Decision of the Committee on Government Procurement ( GPA/CD/5  
(16/11/2023)), this document (informal document symbol: negs1 76) was derestricted on 8 November 2023.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Table of Contents  
 
Preamble  
Article  I Definitions  
Article  II Scope and Coverage  
Article  III General Principles  
Article  IV Publication of Procurement 
Information  
Article  V Publication of Notice of Intended 
Procurement  
Article  VI Time-Periods  
Article  VII Information on Intended Procurements  
Article  VIII [Conditions for Particip ation 
Article  IX Negotiation  
Article  X Limited Tendering  
Article  XI Treatment of Tenders and Contract 
Awards  
Article  XIbis Use of Electronic Means  
Article  XII Transparency of Contract Award 
Information  
Article  XIII Disclosure of Information  
Article  XIV Developing Countries  
Article  XV Exceptions to the Agreement  
Article  XVI Modifications and Rectifications to 
Coverage  
Article  XVII Domestic Review of Supplier 
Challenges  
Article  XVIII Consultations and Dispute Settlement  
Article  XIX Institutions  
Article  XX Final Provisions  
 Table of Contents  
 
Preamble  
Article  I Scope and Coverage  
Article  II Valuation of Contracts  
Article  III National Treatment and 
Non-discrimination  
Article  IV Rules of Origin  
Article  V Special and Differential Treatment for 
Developing Countries  
Article  VI Technical Specifications  
Article  VII Tendering Procedures  
Article  VIII Qualification of Suppliers  
Article  IX Invitation to Participate Regarding 
Intended Procurement  
Article  X Selection Procedures  
Article  XI Time-limits for Tendering and Delivery  
Article  XII Tender Documentation  
Article  XIII Submission, Receipt and Opening of 
Tenders and Awarding of Contracts  
Article  XIV Negotiation  
Article  XV Limited Tendering  
Article  XVI Offsets  
Article  XVII Transparency  
Article  XVIII Information and Review as Regards 
Obligations of Entities  
Article  XIX Information and Review as Regards 
Obligations of Parties  
Article  XX Challenge Procedures  
Article  XXI Institutions  
Article  XXII Consultations and Dispute Settlement  
Article  XXIII Exceptions to the Agreement  
Article XXIV  Final Provisions  
Notes  
Preamble   
Parties to this Agreement (hereinafter referred to as 
"Parties"),  
  Parties to this Agreement  (hereinafter referred 
to as "Parties"),  
 
Recognizing  the need for an effective multilateral 
framework for government procurement, with a view 
to achieving greater liberalization and expansion of, 
and improving the framework for, the conduct of 
international trade;  
  Recognizing  the need for an effective 
multilateral framework of rights and obligations with 
respect to laws, regulations, procedures and practices 
regarding government procurement with a view to 
achieving greater liberalization and expansion of 
world trade and improving the international 
framewor k for the conduct of world trade;  
 
Recognizing  that measures regarding government 
procurement should not be prepared, adopted or 
applied so as to afford protection to domestic 
suppliers, goods or services or discriminate among 
foreign suppliers, goods or services;  
  Recognizing  that laws, regulations, procedures 
and practices regarding government procurement 
should not be prepared, adopted or applied to foreign 
or domestic products and services and to foreign or 
domestic suppliers so as to afford protectio n to 
domestic products or services or domestic suppliers 
and should not discriminate among foreign products 
or services or among foreign suppliers;  
 
Recognizing  that the integrity and predictability of 
government procurement systems are integral to the 
efficient and effective management of public 
resources, the performance of the Parties' economies, 
and the functioning of the multilateral trading 
system;  
  GPA/TN1994/4/Rev.5  
 
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Recognizing  that the procedural commitments under 
this Agreement should be sufficiently flexible to 
accommodate the specific circumstances of each 
Party;  
  
  Recognizing  the need to establish international 
procedures on notification, consultation, surveillance 
and dispute settlement with a view to ensuring a fair, 
prompt and effective enforcement of the  international 
provisions on government procurement and to 
maintain the balance of rights and obligations at the 
highest possible level;  
 
[Recognizing  the need to take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed 
countries;]1 [NB: To be revised in light of revision 
of relevant provisions related to developing 
countries.]  
  Recognizing  the need to take into account the 
development, financial and trade needs of developing 
countries, in particular the least -developed countries;  
 
Recognizing the desirability of transparent measures 
regarding government procurement and the 
impor tance of carrying out procurements in a 
transparent and impartial manner, avoiding conflict 
of interest and corrupt practices, in accordance with 
relevant international instruments;  
  Recognizing  that it is desirable to provide 
transparency of laws, regula tions, procedures and 
practices regarding government procurement;  
Recognizing the importance of using, and 
encouraging the use of, electronic means for 
procurement covered by this Agreement;  
  
  Desiring , in accordance with paragraph 6(b) of 
Article  IX o f the Agreement on Government 
Procurement done on 12  April 1979, as amended on 
2 February  1987, to broaden and improve the 
Agreement on the basis of mutual reciprocity and to 
expand the coverage of the Agreement to include 
service contracts;  
 
Desiring  to encourage acceptance of and accession to 
this Agreement by WTO Members not party to it;  
  Desiring  to encourage acceptance of and 
accession to this Agreement by governments not 
party to it;  
 
Having undertaken  further negotiations in pursuance 
of these objectives;  
  Having  undertaken  further negotiations in 
pursuance of these objectives;  
 
Hereby agree  as follows:  
  Hereby agree  as follows:  
 
  
 
1 Unattributed brackets [ ] indicates language that Parties are still considering.  GPA/TN1994/4/Rev.5  
 
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Article  I 
Definitions  
  
For purposes of this Agreement:  
  
(a) [build -operate -transfer contract  and 
public works concession contract mean  
any contractual arrangement the primary 
purpose of which is to provide for the 
construction or rehabilitation of physical 
infrastructure, plant, buildings, facilities or 
other government -owned works and under 
which, as consideration for a supplier's 
execution of a contrac tual arrangement, a 
procuring entity grants to the supplier, for a 
specified period of time, temporary 
ownership or a right to control and operate, 
and demand payment for the use of such 
works for the duration of the contract;]US 
[Market Access Issue ] 
  
(b) commercial goods and services  mean 
goods and services with characteristics 
similar to those of goods and services that 
are sold or offered for sale to, and 
customarily purchased by, 
non-governmental buyers for 
non-governmental purposes ; it includes 
goods and services  with modifications 
customary in the commercial marketplace 
[as well as minor modifications not 
customarily available in the commercial 
marketplace that do not significantly alter 
the non -governmental function or essential 
physical character istics or change the 
purpose]US,CDA; 
  
(c) construction services contract  means a 
contract that has as its objective the 
realization by whatever means of civil or 
building works[, in the sense of Division 51 
of the Provisional U.N . Central Product 
Classif ication (CPC)] ; [Bracketed 
Language - Market Access Issue ] 
 Appendix I, Annex 5  
 A construction services contract is a contract 
which has as its objective the realization by whatever 
means of civil or building works, in the sense of 
Division 51 of the Central Product Classification.  
 
(d) country or countries  include any separate 
customs territory that is a Party to this 
Agreement . In the case of a separate 
customs territory that is a Party to this 
Agreement, where an expression  in this 
Agreement is qua lified by the term 
"national", such expression shall be read as 
pertaining to that customs territory, unless 
otherwise specified;  
 Notes  
 The terms "country" or "countries" as used in 
this Agreement, including the Appendices, are to be 
understood to includ e any separate customs territory 
Party to this Agreement.  
 
Notes  
 In the case of a separate customs territory Party 
to this Agreement, where an expression in this 
Agreement is qualified by the term "national", such 
expression shall be read as pertaining to  that customs 
territory, unless otherwise specified.  
 
(e) days means calendar  days;  
  GPA/TN1994/4/Rev.5  
 
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(f) [[electronic auction  means an iterative 
process involving electronic means for the 
presentation of new prices or new values 
concerning certain elements of 
tenders[.]CDA]CDA,SWI,US,EC [, which 
[occurs]EC,KOR [may occur]US after an initial 
[full]EC,SWI evaluation of the tenders , 
enabling them to be ranked using automatic 
evaluation 
methods]EC,US,KOR,SWI;]EC,US,KOR,CDA,SW I [NB: 
According to the EC, for an electronic 
auction to take place, without running 
the risk of discrimination, it is 
necessary that an initial full evaluation 
of the tenders has taken place prior to 
the launching of the electronic auction 
and the subsequent application of the 
mathematical formula.]  
  
(g) [electronic means  means [using 
[electronic equipment]EC,NOR [hardware and 
software  configured] fo r the 
electronic]EC,NOR processing (including digital 
compression) and storage of data that is 
transmitted, conveyed and received by 
Internet, by wire, by radio, by optical means 
or by other electromagnetic means;]EC,US,NOR 
[NB: Japan reserves its position  on this 
definition because of its links to other 
provisions.]  
  
(h) in writing  or written  means any worded or 
numbered expression  that can be read, 
reproduced and later communicated . It may 
include electronically transmitted and stored 
information;  
  
(i) limited tendering  means a procurement 
method where the procuring entity contacts 
a supplier or suppliers of its choice , only 
under the circumstances specified in 
Article  X; [NB: Japan and Canada 
propose to delete this definition.]  
 Article  VII:3 
For the purposes of this Agreement:  
[...] 
(c) Limited tendering procedures are those 
procedures where the entity contacts 
suppliers individually, only under the 
conditions specified in Article  XV. 
 
(j) measure  means any law, regulation, 
procedure, administrative guidance or 
practice[, or any action of a procuring entity 
relating to a covered 
procurement]EC,US,JPN,NOR,KOR,SWI; [NB: Hong 
Kong, China is considering this 
proposed definition.]  
  
(k) multi -use list  means a list of suppliers that 
a procuring entity has determined satisfy 
the conditions for participation in that list, 
and that the procuring entity intends to use 
more than once;  
  
(l) notice of intended procurement  means a 
notice published by a procuring entity in 
accordance  with Article  V inviting 
interested suppliers to submit tenders;  
  GPA/TN1994/4/Rev.5  
 
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(m) offsets  in government procurement means 
any [measures,]CT conditions or 
undertakings that encourage local 
development or improve a Party's 
balance -of-payments accounts, such as the 
use of domestic content, domestic suppliers, 
the licensing of technology, technology 
transfer, investment, counter -trade and 
similar  actions [unless such conditions or 
undertakings are necessary to enable the 
contracts to be performed]HKC; [NB: Hong 
Kong, China is concerned that the 
addition of "domestic suppliers" and, 
along with Korea and Israel, that 
"technology transfer" expands th e 
scope of offsets.]  
 Footnote  
7. Offsets in government procurement are 
measures used to encourage local development or 
improve the balance -of-payments accounts by means 
of domestic content, licensing of technology, 
investment requirements, counter -trade or similar 
requirements.  
 
(n) open tendering  means a procurement 
method where all interested  suppliers may 
submit a tender ; [NB: Japan and Canada 
propose to delete this definition.]  
 Article  VII:3 
For the purposes of this Agreement:  
[...] 
(a) Open t endering procedures are those 
procedures under which all interested 
suppliers may submit a tender.  
 
(o) person  means a natural person or a 
juridical person;  
  
(p) [procurement  means the process by which 
a [procuring entity]CT obtains the use of or 
acquires goods or services, or any 
combination thereof, for governmental 
purposes and not with a view to commercial 
sale or resale, or use in the production or 
supply of goods or serv ices for commercial 
sale or resale;] [Market Access Issue ] 
[NB: The EC is reflecting on this 
definition and on the US proposal in 
Article  II.] 
  
[(q) procuring entity  means an entity covered 
under Annexes 1, 2 and 3 of Appendix I of 
each Party;  
  
(r) qualified supplier  means a supplier that a 
procuring entity  recognizes as having 
satisfied the conditions for participation; ] 
 Article VIII  
(c) ... Entities shall recognize as qualified 
suppliers such domestic suppliers or 
suppliers of other Parties who meet 
the conditions for participation in a 
particular intended procurement. ...  
 
(s) selective tendering  means a procurement 
method where only suppliers satisfying the 
conditions  for participation are invited by 
the procuring entity to submit a tender ; 
[NB: Japan propose s to delete this 
definition.]  
 Article VII:3  
For the purposes of this Agreement:  
[...] 
(b) Selective tendering procedures are those 
procedures under which, consistent with 
paragraph 3 of Article  X and other relevant 
provisions of this Agreement, those suppliers 
invited to do so by the entity may submit a 
tender.  
 
(t) services  includes construction services, 
unless otherwise  specified;  
  GPA/TN1994/4/Rev.5  
 
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(u) standard  means a document approved by 
a recognized body, that provides, for 
common and repeated use, rules, guidelines 
or characteristics for products or services or 
related processes and production methods, 
with which  compliance is not mandatory . It 
may also incl ude or deal exclusively with 
terminology, symbols, packaging, marking 
or labelling requirements as they apply to a 
product, service, process or production 
method;  
 Footnote  
4. For the purpose of this Agreement, a standard 
is a document approved by a recogn ized body, that 
provides, for common and repeated use, rules, 
guidelines or characteristics for products or services or 
related processes and production methods, with which 
compliance is not mandatory . It may also include or 
deal exclusively with terminolo gy, symbols, packaging, 
marking or labelling requirements as they apply to a 
product, service, process or production method.  
 
(v) supplier  means a person or group of 
persons that provides or could provide 
goods or services;  
  
(w) technical specification  means a tendering 
requirement  that: 
 
(i) lays down the characteristics of 
goods or services to be procured, 
including quality, performance, 
safety and dimensions, or the 
processes and methods for their 
production or provision ; or 
 
(ii) addresses terminology, symbols, 
packaging, marking or labelling 
requirements, as they apply to a 
good or service.  
 Article  VI 
1. Technical specific ations laying down the 
characteristics of the products or services to be 
procured, such as quality, performance, safety and 
dimensions, symbols, terminology, packaging, 
marking and labelling, or the processes and methods 
for their production and requiremen ts relating to 
conformity assessment procedures prescribed by 
procuring entities, shall not be prepared, adopted or 
applied with a view to, or with the effect of, creating 
unnecessary obstacles to international trade.  
  GPA/TN1994/4/Rev.5  
 
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Article  II 
Scope and Coverage  
  
Article  I 
Scope and Coverage  
  
Application of Agreement  
 
1. This Agreement applies to any measure 
regarding covered procurement[, whether or not it is 
conducted by electronic means]EC.  
. 1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
Article XXIV:8  
Information Technology  
 
 With a view to ensuring that the Agreement 
does not constitute an un necessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and shall, if necessary, negotiate modifications to the 
Agreement . These consul tations shall in particular 
aim to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparent procedures, that contracts covered under 
the Agreement are clearly ident ified and that all 
available information relating to a particular contract 
can be identified . When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
 
2. For the purp oses of this Agreement, covered 
procurement means procurement  [for 
governmental purposes]CDA,KOR: 
 
(a) of goods, services, or any 
combination thereof:  
 
[(i)]US,JPN as provided for in 
Appendix  I [and subject to any 
exclusions therein]CDA[; and 
 
(ii) not procured with a view to 
commercial sale or resale]US,JPN [or use 
in the production or supply of goods or 
services for commercial sale or 
resale]KOR; 
 
(b) by any contractual means, including 
purchase ; lease; rental or hire 
purchase, with or without an optio n to 
buy [and build -operate -transfer 
contracts and concessions for public 
works contracts;]US [with or without 
utilization of the funds and the 
managerial or technical ability of the 
private sector]JPN; [Bracketed 
Language – Market Access Issue ] 
 Article I  
 
1. This Agreement applies to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
 
2. This Agreement applies to procurement by any 
contractual means, including th rough such methods 
as purchase or as lease, rental or hire purchase, with 
or without an option to buy, including any 
combination of products and services.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA  TEXT  
(c) for which the value as estimated, in 
accordance with paragraph  6, equals or 
exceeds the relevan t threshold 
specified in [Appendix  I], at the time of 
publication of a notice in accordance 
with Article  V; [Bracketed Language 
– Market Access Issue ] 
 4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold  specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the 
time of publication of the notice in accordance with 
Article IX.  
 
(d) by [a governmental agency covered 
under Appendix I (hereinafter referred 
to as "procuring entity" in this 
Agreement)]KOR a procuring entity[ ; 
and 
 
(e) that is not excluded from coverage by 
this Agreement.]US,EC,JPN,NOR,SWI,ISR  
 Article I  
1. This Agreement applie s to any law, regulation, 
procedure or practice regarding any procurement by 
entities covered by this Agreement, as specified in 
Appendix I.  
[2bis. Without prejudice to Article  [Exceptions], this 
Agreement applies to any procurement:  
 
(a) of central gover nment entities where 
the value is estimated to equal or 
exceed:  
- [] SDR for contracts for supply 
of goods and services;  
- [] SDR for contracts for 
construction services;  
 
(b) of sub -central government entities 
where the value is estimated to equal 
or exceed:  
- [] SDR for contracts for supply 
of goods and services;  
- [] SDR for contracts for 
construction services;  
 
(c) of entities according to Appendix  I, 
Annex  3 where the value is estimated 
to equal or exceed:  
- [] SDR for contracts for supply 
of goods  and services;  
- [] SDR for contracts for 
construction services.]EC 
[Market Access Issue ]  
 Article I  
4. This Agreement applies to any procurement 
contract of a value of not less than the relevant 
threshold specified in Appendix I.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at the 
time of publication of the notice in accordance with 
Article IX.  
 
Footnote  
1. ...Relevant thresholds are specified in each 
Party's Annexes.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA  TEXT  
[3. This Agreement does not apply to:  
 
 (a) acquisition or rental of land, existing 
buildings, or other immovable property or 
the rights thereon;  
 
 (b) acquisition of fiscal agency or 
depository services, liquidation and 
management service s for regulated financial 
institutions, and sale and distribution 
services for government debt;  
 
 (c) non-contractual agreements or any 
form of assistance that a Party provides, 
including cooperative agreements, grants, 
loans, equity infusions, guarantees,  and 
fiscal incentives;  
 
 (d) purchases funded by international 
grants, loans or other assistance, where the 
provision of such assistance is subject to 
conditions inconsistent with this Agreement;  
 
 (e) procurement of research and 
development services;  
 
 (f) procurement for the direct purpose of 
providing foreign assistance;  
 
 (g) procurement of any good or service 
component of a contract where either the 
entity conducting the procurement or the 
procurement itself is not covered by this 
Agreeme nt; and 
 
 (h) employment of government 
employees.]US [Market Access Issue]  
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA  TEXT  
3./4. For each Party, Appendix  I shall be divided 
into [five][seven]US Annexes:  
 
(a) Annex  1 specifies the central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(b) Annex  2 specifies the sub -central 
government entities whose 
procurement is covered by this 
Agreement;  
 
(c) Annex  3 specifies all other entities 
whose procurement is covered by this 
Agreement;  
 
([(d) Annex 4 specifies the goods covered by 
this Agreement;] US 
 
(d)/(e)  Annex [4/5] specifies the services 
covered by this Agreement;  [and]  
 
(e)/(f)  Annex [5/6] specifies the construction 
services covered by this Agreement.[;  
and 
 
(g) Annex 7 sets out the General Notes 
applicable to the Annexes]. US Footnote  
1. For each Party, Appendix I is divided into five 
Annexes:  
 
- Annex 1 contains central government 
entities.  
 
- Annex  2 contains sub -central 
government entities.  
 
- Annex 3 contains all other entities that 
procure in accordance with the 
provisions of this Agreement.  
 
- Annex  4 specifies services, whether 
listed positively or negatively, covered 
by this Agreement.  
 
- Annex 5 specifies covered construction 
services.  
 
 … 
 
Compliance   
4./5. Each Party shall [take such reasonable 
measures as may be available to it to]CDA,HKC ensure 
that the procuring entities listed in its Appendix  I 
comply with the provisions of [Articles  VII to X of]CDA 
this Agreement in conducting covered procurement.   
 Article  VII 
1. Each Party shall ensure tha t the tendering 
procedures of its entities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
 
5./6. Where a procuring entity, in the context of 
covered procurement, requires persons not listed in 
Appendix  I to procure in accordance with particular 
requirements, Article  III shall apply mutatis  mutandis  
to such requirements.  
 Article  I 
3. Where entities, in the context of procurement 
covered under this Agreement, require enterprises 
not included in Appendix I to award contracts in 
accordance with particular requirements, Article  III 
shall apply mutatis mutandis to such requirements.  
 
Valua tion 
[NB: Parties are still considering paragraphs 6./7. -
8./9.]  Article  II 
Valuation of Contracts  
 
6./7. In estimating the value of a procurement for 
the purpose of ascertaining whether it is a covered 
procurement, a procuring entity shall:  
 1. The follow ing provisions shall apply in 
determining the value of contracts2 for purposes of 
implementing this Agreement.  
 
Footnote  
2. This Agreement shall apply to any 
procurement contract for which the contract value is 
estimated to equal or exceed the threshold at  the 
time of publication of the notice in accordance with 
Article IX.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA  TEXT  
(a) neither divide a procurement into 
separate procurements nor select or 
use a particular valuation method for 
estimating the value of a procurement 
with the intention of totally or partially 
excluding it from the application of this 
Agreement;  
 Article  II 
3. The selection of the valuation method by the 
entity shall not be used, nor shall any procurement 
requirement be divided, with the intention of avoiding 
the application  of this Agreement.  
 
(b) include the estimated maximum 
total value of the procurement over 
its entire duration, whether awarded 
to one or more suppliers, taking into 
account all forms of remuneration, 
including:  
 
(i) premiums, fees, 
commissions, interest[ and 
other revenue streams that 
may be provided for in such 
procurements] [Market 
Access Issue ]; and 
 2. Valuation shall take into account all forms of 
remuneration, including any premiums, fees, 
commissions and interest receivable.  
 
 
(ii) where the procurement 
provides for the possibility 
of option clauses, the 
estimated maximum total 
value of the procurement, 
inclusive of optional 
purchases.  
 6. In cases where an intended procurement 
specifies the need for option clause s, the basis for 
valuation shall be the total value of the maximum 
permissible procurement, inclusive of optional 
purchases.  
 
7./8. Where an individual requirement [for a 
procurement]US,CDA,HKC results in [the award of more 
than one contract, or in the award of contracts in 
separate parts, the calculation of the estimated 
maximum total value shall be based on]US,CDA,HKC 
[more than one procurement over a certain period, 
the estimated value shall be the greater of]EC: 
 4. If an individual requirement for a procurement 
results in the award of more than one contract, or in 
contracts being awarded in separate parts, the basis 
for valuation shall be either:  
 
 (a) the aggregate value of [recurring 
contracts]US,CDA,HKC 
[procurements]EC of the same type 
of good or service awarded during 
the preceding 12  months or 
preceding fiscal year, adjusted 
where possible to take into account 
anticipated changes in the quantity 
or value of the good or service 
being pr ocured over the 
subsequent 12  months;  or 
  (a) the actual value of similar recurring 
contracts concluded over the 
previous fiscal year or 12 months 
adjusted, where possible, for 
anticipated changes in quantity and 
value over the subsequent 12 
months;  or 
 
 (b) the estimated aggregate value of 
[recurring contracts]US,CDA,HKC 
[procurements]EC of the same type 
of good or service to be awarded 
during the procuring entity's fiscal 
year or the 12  months [subsequent 
to the initial contract award, 
whichever is greater]US,CDA,HKC 
[starting with the initial 
procurement award].EC 
  (b) the estimated value of recurring 
contracts in the fiscal year or 12 
months subsequent to the initial 
contract.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA  TEXT  
8./9. In the case of procurement by lease, rental or 
hire purchase of goods or services, or procurement 
for which a total price is not specified, the basis for 
valuation shall be:  
 5. In cases of contracts for the lease, rental or 
hire purchase of products or services, or in the case 
of contracts which do no t specify a total price, the 
basis for valuation shall be:  
 
 (a) in the case of a fixed -term contract:  
 
(i) where the term of the 
contract is 12  months or 
less, the total estimated 
 maximum value for its 
duration, or  
 
(ii) where the term of the 
contract exceeds 
12 months, the total 
estimated  maximum 
value, including[, for a 
lease, rental, or hire 
purchase], any estimated 
residual value;  
  (a) in the case of fixed -term contracts, 
where their term is 12 months or 
less, the to tal contract value for 
their duration, or, where their term 
exceeds 12 months, their total 
value including the estimated 
residual value;  
 
 (b) where the contract is for an 
indefinite period, the estimated 
monthly instalment multiplied by 
48; and 
  (b) in the case of contracts for an 
indefinite period, the monthly 
instalment multiplied by 48.  
 
 (c) where there is doubt as to whether 
the contract is to be a fixed -term 
contract, subparagraph (b) shall be 
used.  
 If there is any doubt, the second basis for valuation, 
namely (b), is to be used.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  III 
General Principles  
  
Article  III 
National Treatment and Non -discrimination  
 
National Treatment and Non -Discrimination   
1. With respect to any measure and any covered 
procurement, each Party, including its procuring 
entities, shall accord immediately and unconditionally 
to the goods and services of any other Party and to 
the suppliers of any other Party offering the goods or 
services of any Party, treatment no less favourable 
than the treatment the Party, including its procuring 
entities, accords to:  
 1. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall provide immediat ely and unconditionally to the 
products, services and suppliers of other Parties 
offering products or services of the Parties, treatment 
no less favourable than:  
 
(a) domestic goods, services and 
suppliers; and  
  (a) that accorded to domestic 
products, services and suppliers; 
and 
 
(b) goods, services and suppliers of any 
other Party.  
  (b) that accorded to products, services 
and suppliers of any other Party.  
 
2. With respect to any measure and any covered 
procurement, neither a Party nor a procuring entity 
shall:  
 Article  III 
2. With respect to all laws, regulations, 
procedures and practices regarding government 
procurement covered by this Agreement, each Party 
shall ensure:  
 
(a) treat a locally established supplier 
less favourably than another locally 
established supplier on the basis of 
degree of foreign affiliation or 
ownership; nor  
  (a) that its entities shall not treat a 
locally -established supplier less 
favourably than another 
locally -established supplier on the 
basis of degree of foreign affiliation 
or ownership; and  
 
(b) discriminate against a locally 
established supplier on the basis 
that the goods or services offered 
by that supplier for a particular 
procurement are goods or services 
of any other Party.  
  (b) that its entities shall not 
discriminate against 
locally -established suppliers on the 
basis of the country of production 
of the good or service being 
supplied, provided that the country 
of production is a Party to the 
Agreement in accordance with the 
provisions of Article  IV. 
 
Procurement Methods  
 Article  VII 
Tendering Procedures  
 
3. A procuring entity shall conduct covered 
procurement in a manner that is consistent with this 
Agreement, and, except where specifically provided 
otherwise in this Agreement, in a transparent and 
impartial manner[, using methods such as open 
tendering, selective tendering and limited tendering].  
[NB: Japan is still considering the bracketed 
language.]  
 1. Each Party shall ensure that the tendering 
procedures of its e ntities are applied in a 
non-discriminatory manner and are consistent with 
the provisions contained in Articles  VII through XVI.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[Conflict of Interest  
 
3bis. A procuring entity shall ensure that the 
impartiality of its procurement process may not be 
affected by family ties, business links[, cross 
representation]KOR or other reasons that may cause a 
conflict of interest.]KOR,NOR 
  
Rules of Origin  
 Article  IV 
Rules of Origin  
 
4. For purposes of covered procurement, no Party 
may apply rules of origin to goods or services 
imported from or supplied by another Party that are 
different from the rules of origin the Party applies at 
the same time in the normal course of trade to 
imports or supplies of the same goods or services 
from the same Party.  
 1. A Party shall not apply rules of origin to 
products or services imported or supplied for 
purposes of government procurement covered by this 
Agreement from other Parties, which are different 
from the rules of origin applied in the normal course 
of trade and at the time of the transaction in question 
to imports or supplies of the same products or 
services from the same Parties.  
 
Offsets  
 Article  XVI 
Offsets  
 
5. With regard to covered procurement, a 
procuring entity shall not seek, take account of, 
impose or enforce offsets in the qualification and 
selection of suppliers, goods or services, in the 
evaluation of tenders, or in the award of 
contracts[.]HKC [, [prior to or]US,CDA,KOR in the course of 
a procurement process]US,CDA,EC,KOR,NOR. 
 1. Entities shall not , in the qualification and 
selection of suppliers, products or services, or in the 
evaluation of tenders and award of contracts, impose, 
seek or consider offsets.7 
Measures Not Specific to Procurement  
  
6. The provisions of paragraphs  1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on, or in connection with, importation, the 
method of levying such duties and charges, other 
import regulations or formalities, and measures 
affecting trade in services other than measures 
governing co vered procurement.  
 Article  III 
3. The provisions of paragraphs 1 and 2 shall not 
apply to customs duties and charges of any kind 
imposed on or in connection with importation, the 
method of levying such duties and charges, other 
import regulations and form alities, and measures 
affecting trade in services other than laws, 
regulations, procedures and practices regarding 
government procurement covered by this 
Agreement.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  IV 
Publication of Procurement Information   
Each Party shall:  
 
(a) promptly publish any law, 
regulation, judicial decision, 
administrative ruling of general 
application, standard contract 
clauses that are mandated by law or 
regulation and are incorporated by 
reference in notices and tender 
documentation and procedure 
regarding covered procurement, 
and any modifications thereof, in 
officially designated electronic or 
paper media that are widely 
disseminated and remain readily 
accessible to the public and that a re 
in the appropriate publications 
listed in Appendix  IV; and 
 Article  XIX 
1. Each Party shall promptly publish any law, 
regulation, judicial decision, administrative ruling of 
general application, and any procedure (including 
standard contract clauses) re garding government 
procurement covered by this Agreement, in the 
appropriate publications listed in Appendix IV and in 
such a manner as to enable other Parties and 
suppliers to become acquainted with them  … 
(b) provide an explanation thereof to 
any Party,  on request.  
 1. ... Each Party shall be prepared, upon request, 
to explain to any other Party its government 
procurement procedures.  
 
Article  V 
Publication of Notice of Intended Procurement  
  
Article  IX 
Invitation to Participate Regarding Intended 
Procurement  
 
1. For each covered procurement, except in the 
circumstances described in Article  X, a procuring 
entity shall publish a notice of intended procurement 
in the appropriate media listed in Appendix  II. Such 
media shall be widely disseminated and shall remain 
readily accessible to the public.  [[For procuring 
entities in Annex  1, the]JPN,KOR,US [The]EC,NOR notices 
[where electronic]JPN,US shall be [electronically]EC,NOR 
accessible free of charge through a single point of 
access.]EC,NOR,KOR,SWI,JPN,US [Procuring entities in 
Annexes  2 and 3 shall be encouraged to make such 
publications available free of charge through a single 
point of access.]JPN 
 1. In accordance with paragraphs  2 and 3, 
entities shall publish an invitation to partic ipate for all 
cases of intended procurement, except as otherwise 
provided for in Article  XV (limited tendering) . The 
notice shall be published in the appropriate 
publication listed in Appendix  II. 
 
2. The invitation to participate may take the form 
of a no tice of proposed procurement, as provided for 
in paragraph  6. 
 
2. Each notice of intended procurement shall 
include:  
 6. Each notice of proposed procurement, 
referred to in paragraph  2, shall contain the following 
information:  
 
(a) the name and address of the 
procuring entity and other 
information necessary to contact 
the procuring entity and obtain all 
relevant documents relating to the 
procurement, and their cost and 
terms of payment, if any;  
  (e) the address of the entity awarding 
the contrac t and providing any 
information necessary for obtaining 
specifications and other 
documents;  
 
 (g) the amount and terms of payment 
of any sum payable for the tender 
documentation ; and 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) a description of the procurement, 
including the nature and the 
quantity of the goods or services to 
be procured or, where the quantity 
is not known, the estimated 
quantity;  
 
 (c) for recurring contracts, if possible, 
an estimate of the timing of 
subsequent notices of intended 
procurement;  
 
 (d) any options;  
 6. (a) the nature and quantity, including any 
options for further procurement and, if possible, an 
estimate of the timing when such options may be 
exercised;  in the case of recurring contracts the 
nature and quantity and, if possible, an estimate of 
the timing of  the subsequent tender notices for the 
products or services to be procured;  
 
(e) the time -frame for delivery of goods 
or services or the duration of the 
contract;  6. (c) any date for starting delivery or 
completion of delivery of goods or 
services;  
 
 
(F) the procurement method that will 
be used and whether it will involve 
negotiation  [or the use of electronic 
means]EC [or electronic auction and 
any requirement that tenders be 
submitted by electronic 
means]CDA,US,JPN,NOR; [NB: The EC 
considers that the se cond 
bracketed language is too 
limitative and does not cover all 
situations where electronic 
means can be used . In any 
event, the EC considers that the 
bracketed language should be 
located in Article  XIbis:2(a).]  
 6. (b) whether the procedure is open or 
selective or will involve 
negotiation;  
 
(g) the address and the time -limits for 
the submission of tenders and, 
where applicable, any time -limits 
for the submission of applications to 
qualify for participation in the 
procurement;  
 
(h) the language or languages in which 
tenders or applications must be 
submitted, if other than an official 
language of the Party of the 
procuring entity;  
 6. (d) the address and final date for 
submitting an application to be 
invited to tender or for qualifying 
for the suppli ers' list, or for 
receiving tenders, as well as the 
language or languages in which 
they must be submitted;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(i) a list and brief description of any 
conditions for participation of 
suppliers [, including any specific 
documents or certifications required 
from suppliers in connection 
therewith]EC,CDA,ISR,US,SWI,NOR[, unless 
such information is already included 
in the tender documentation, which 
is available at the same time as the 
notice of intended procurement]JPN; 
 6. (f) any econo mic and technical 
requirements, financial guarantees 
and information required from 
suppliers;  
(j) where, pursuant to Article  VIII, a 
procuring entity intends to select a 
limited number of qualified 
suppliers to be invited to tender, the 
criteria that will  be used to select 
them and, where applicable, any 
limitation on the number of 
suppliers that will be permitted to 
tender ; and 
  
(k) an indication that the procurement 
is covered by this Agreement.  
 11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
 
Summary Notice  
  
3. For each case of intended procurement, where 
the notice of intended procurement is not already 
published in one of the official languages of the WTO,  
a procuring entity shall publish, by the time of 
publication of the notice of intended procurement, in 
a readily accessible summary notice at least the 
following information in one of the WTO languages : 
 8. For each case of intended procurement, the 
entity shall publish a summary notice in one of the 
official languages of the WTO . The notice shall 
contain at least the following information:  
 
(a) the subject -matter of the 
procurement;  
 (a) the subject matter of the contract;  
 
(b) the time -limits set for the 
submission of tenders or, where 
applicable, any time -limits for the 
submission of applications to qualify 
for participation in the procurement 
or for inclusion on a multi -use list;  
 (b) the time-limits set for the 
submission of tenders or an 
application to be invited to tender ; 
and 
 
(c) [a list or a brief description of any 
conditions for participation;]EC and 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[(d)]EC the addresses from which 
documents relating to the 
procurement may be requested.  
[NB: Korea and Japan consider that the 
summary notice shall apply even if the notice of 
intended procurement is published in a WTO 
language.]  
 (c) the addresses from which 
documents relating to the 
contracts may be requested.  
 
Notice of Planned Procurement  
  
4. Procuring entities are encouraged to publish as 
early as possible in each fiscal year a notice regarding 
each procuring entity's future procurement plans . The 
notice should include the subject -matter of the 
procurement  and the planned date of the publication 
of the notice of intended procurement . When the 
published information is in accordance with 
Article  VI:3 (a), a procuring entity may apply 
Article  VI:3 for the purpose of establishing shorter 
time-periods for tender ing of a covered procurement.  
 7. Each notice of planned procurement referred 
to in paragraph 3 shall contain as much of the 
information referred to in paragraph  6 as is available . 
It shall in any case include the information referred 
to in paragraph 8 and:  
 
 (a) a statement that interested 
suppliers should express their 
interest in the procurement to the 
entity;  
 
 (b) a contact point with the entity from 
which further information may be 
obtained.  
 
5. A procuring entity in [Annex  2 and]US Annex  3 
may use a notice of planned procurement as a notice 
of intended procurement provided that it includes as 
much of the information in paragraph  2 as is available 
and a statement that interested suppliers should 
express their interest in the procurement to the 
entity.  
 3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement, as provided for in 
paragraph  7, or a notice regarding a qualification 
system, as provided for in paragraph  9, as an 
invitation to participate.  
 
4. Entities which use a notice of planned 
procurement as an invitation to participate shall 
subsequently invite all suppliers who have expressed 
an interest to confirm their interest on the basis of 
information which shall include at least the 
information refer red to in paragraph  6. 
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VI 
Time -Periods  
[NB: Parties are still considering  
the revisions of paragraphs 2 et seq.]  
  
Article  XI 
Time-limits for Tendering and Delivery  
 
General  
 General  
 
1. A procuring entity shall, consistent with its own 
reasonable needs, provide sufficient time for suppliers 
to prepare and submit requests for participation and 
responsive tenders, taking into account such factors 
as: 
 
 (a) the nature and complexity of the 
procurement; 
 
 (b) the extent of subcontracting 
anticipated ; and 
 
 (c) the time for transmitting tenders 
from foreign as well as domestic 
points where electronic means are 
not used.  
 
Such time -periods, including any extension of the 
time-periods, shall be common for all [interested or 
participating] suppliers [of other Parties as well as 
domestic suppliers].  1. (a) Any prescribed 
time-limit shall be adequate to 
allow suppliers of other Parties as 
well as domestic suppliers to 
prepare and submit tenders befo re 
the closing of the tendering 
procedures . In determining any 
such time -limit, entities shall, 
consistent with their own 
reasonable needs, take into 
account such factors as the 
complexity of the intended 
procurement, the extent of 
subcontracting anticipat ed and the 
normal time for transmitting 
tenders by mail from foreign as 
well as domestic points.  
 
 1. (b) Each Party shall ensure 
that its entities shall take due 
account of publication delays when 
setting the final date for receipt of 
tenders or of applications to be 
invited to tender.  
 
Deadlines  
 Deadlines  
 
2. Except as provided for in paragraphs 4 and 7, 
a procuring entity shall establish, as a general rule, 
that the final date for the submission of requests for 
participation shall not be less th an [25]  days from the 
date of publication of the notice of intended 
procurement [or other notice inviting suppliers to 
submit applications].US,CDA 
  
3. Except as provided for in paragraphs  [4 and 
5]EC[4 through 7]US,CDA, a procuring entity shall 
establish that the final date for the submission of 
tenders shall not be less than 40  days from the date 
on which:  
 
(a) the notice of intended procurement 
is published [and the tender 
documentation is made 
available]KOR,SWI; or 
 2. Except in so far as prov ided in paragraph 3,  
 
 (a) in open procedures, the period for 
the receipt of tenders shall not be 
less than 40 days from the date of 
publication referred to in paragraph 
1 of Article  IX; 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) the entity notifies suppliers that 
they will be invited to submit 
tenders, whether or not it uses a 
multi-use list.  
  (b) in selective procedures not 
involving the use of a permanent 
list of qualified suppliers, the 
period for submitting an 
application to be invited to tender 
shall not be less than 25 days from 
the date of publication referred to 
in paragraph  1 of Article  IX; the 
period for receipt of tenders shall 
in no case be less than 40  days 
from the date of issuance of the 
invitation to tender;  
 
(c) in selective procedures involving 
the use of a permanent lis t of 
qualified suppliers, the period for 
receipt of tenders shall not be less 
than 40 days from the date of the 
initial issuance of invitations to 
tender, whether or not the date of 
initial issuance of invitations to 
tender coincides with the date of 
the p ublication referred to in 
paragraph  1 of Article  IX. 
 
4. A procuring entity may reduce the time -
periods set out in paragraphs 2 and 3 to not less than 
10 days where:  3. The periods referred to in paragraph 2 may be 
reduced in the circumstances set out below:  
 
 (a) ...the 40 -day limit for receipt of 
tenders may be replaced by a 
period sufficiently long to enable 
responsive tendering, which, as a 
general rule, shall not be less than 
24 days, but in any case not less 
than 10 days;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the procuring entity published [a 
separate notice, including]US,CDA a 
notice of planned procurement 
under Article  V:4 at least 40  days 
and not more than 12  months in 
advance, and such notice contains:  
 
 (i) a description of the 
procurement;  
 
 (ii) the approximate 
time-limits for the 
submission of tenders or 
requests for participation;  
 
 (iii) a statement that 
interested suppliers should 
express their interest in 
the procurement to the 
procuring entity ; and 
 
 (iv) the address from which 
documents rel ating to the 
procurement may be 
obtained ; and 
 
 (v) as much of the information 
that is required under 
Article  V:2 for the notice of 
intended procurement, as 
is available;  
 3. (a) if a separate notice has been 
published 40 days and not more 
than 12 months i n advance and 
the notice contains at least:  
 
(i) as much of the information 
referred to in paragraph 6 of 
Article  IX as is available;  
 
 
(ii) the information referred to in 
paragraph 8 of Article  IX; 
 
 
(iii) a statement that interested 
suppliers should express 
their interest in the 
procurement to the entity ; 
and 
 
 
(iv) a contact point with the 
entity from which further 
information may be obtained,  
 
… 
[(b) a procuring entity publishes a 
second or subsequent notice 
relating to contracts of a recurring 
nature]US,CDA  
 3. (b) in the case of the second or 
subsequent publications dealing 
with contracts of a recurring nature 
within the meaning of paragraph 6 
of Article  IX, the 40 -day limit for 
receipt of tenders may be reduced 
to not less than 24 d ays; 
 
[(c) the procuring entity procures 
commercial goods or services;]US,CDA 
and 
  
 [(c/d)]  a state of urgency duly 
substantiated by the procuring 
entity renders impracticable the 
periods specified in paragraph  2 
and 3.  3. (c) where a state of urgency duly 
substantiated by the entity renders 
impracticable the periods in 
question, the periods specified in 
paragraph  2 may be reduced but 
shall in no case be less than 
10 days from the date of the 
publication referred to in 
paragraph  1 of Article  IX; or 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. A procuring entity may reduce the time -period 
of 40  days by five  days for each one of the following 
circumstances:  
 
(a) the notice of intended procurement 
is published electronically;  
 
(b) the [complete]EC tender 
documentation is made available 
electronically from the date of the 
publication of the notice of intended 
procurement[;  and 
 
(c) the tenders can be received 
electronically by the procuring 
entity].US,CDA 
  
6. The use of paragraph  5, in conjunction  with 
paragraph  4, shall in no case result in the reduction 
of those time -periods to less than 10  days from the 
date on which the notice of intended procurement is 
published. 
  
7. Notwithstanding any other time -periods in this 
Article, where a procuring entity is purchasing 
commercial goods or services and the notice of 
intended procurement and the tender documents are 
published electronically, and the tenders may be 
received electronically, the entity may reduce the 
time-period to no less than [10]EC [5]US [3]CDA days, 
provided such time is sufficient to allow suppliers to 
submit responsive electronic tenders.  
  
8. Where a procuring entity in 
Annex  [2 or]US,CDA 3 has selected all or a limited 
number of qualified suppliers, the time -period for 
tendering may be fixed by mutual agreement 
between the procuring entity and the selected 
suppliers . In the absence of agreement, the period 
shall not be less than 10  days.  
 3. (d) the period referred to in 
paragraph  2(c) may, for 
procurements by entities listed in 
Annexes  2 and 3, be fixed by 
mutual agreement between the 
entity and the selected suppliers . 
In the absence of agreement, the 
entity may fix periods which shall 
be sufficiently long to enable 
responsive tendering and shal l in 
any case not be less than 10 days.  
 
 
Article  VII 
Information on Intended Procurements  
  
Article  XII 
 
Tender Documentation  
 Tender Documentation  
 
 1. If, in tendering procedures, an entity allows 
tenders to be submitted in several languages, one of 
those languages shall be one of the official languages 
of the WTO.  
 
1. A procuring entity shall provide to suppliers 
tender documentation that includes all information 
necessary to permit suppliers to prepare and submit 
responsive tender s. Unless already provided in the 
notice of intended procurement, such documentation 
shall include a complete description of:  
 2. Tender documentation provided to suppliers 
shall contain all information necessary to permit them 
to submit responsive tenders , including information 
required to be published in the notice of intended 
procurement, except for paragraph 6(g) of Article  IX, 
and the following:  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) the procurement, including the 
nature and the quantity of the 
goods or services to be procured or, 
where the quantity is not known, 
the estimated quantity and any 
requirements to be fulfilled, 
including any technical 
specifications, conformity 
certification, plans, drawings or 
instructional materials;  
  (g) a complete description of the 
products or serv ices required or of 
any requirements including 
technical specifications, conformity 
certification to be fulfilled, 
necessary plans, drawings and 
instructional materials;  
 
(b) any conditions for participation of 
suppliers including a list of 
information an d documents that 
suppliers are required to submit in 
connection therewith;  
  (f) any economic and technical 
requirement, financial guarantees 
and information or documents 
required from suppliers;  
 
(c) all criteria, including any cost 
factors, to be considered in the 
awarding of the contract, and , 
except where price is the sole 
criterion,  the relative importance of 
such criteria;  
  (h) the criteria for awarding the 
contract, including any factors 
other than price that are to be 
considered in the evaluation of 
tenders and the cost elements to 
be included in evaluating tender 
prices, such as transport, 
insurance and inspection costs, 
and in the case of products or 
services of other Parties, customs 
duties and other import charges, 
taxes and currency  of payment;  
 
[(c)bis where the evaluation will include an 
electronic auction, the rules under 
which the auction will be conducted, 
the values on which the auction will 
be based, and the criteria to be used 
in determining the ranking of the 
tenders;]CDA,JPN,US 
  [NB: T he European 
Communities disagree with the 
location of this subparagraph, 
and consider that it should be 
located in Article  XI:bis. As to 
the substance, the European 
Communities consider that this 
provision is too narrow and not 
accurate because:  
 - it mentions the 'rules' under 
which the auction will be 
conducted and not also the 
'conditions' which can be 
different (e.g., what is an 
admissible tender, how 
much time will elapse?);  
 - it refers to the 'values' on 
which the auctions will be 
based, while it would be 
more adequate to refer to  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
'features' (e.g., in the case of 
auctions based on 
economically most 
advantageous tender);  
 - it does not specify that the 
'features' must be 
quantifiable and can be 
expressed in figures o r 
percentages (Canada's 
proposal seems to refer only 
to auctions based on the 
price);  
 - it does not mention the 
mathematical formula to be 
used for the ranking of 
tenders when it is based on 
features of the economically 
most advantageous tender;  
 - full prior evaluation before 
the auction is run is a 
prerequisite : in the case of 
the economically most 
advantageous tender it is 
impossible to conduct an 
e-auction without 
preliminary evaluation and 
incorporation of the data to 
the algorithm ; and 
 - it is not accurate to refer to 
'criteria' for ranking . 
Ranking is automatically 
determined on the basis of 
new values or prices, 
whereas 'criteria' stay the 
same throughout the 
procurement process.]  
 
(d) where there will be a public opening 
of tenders, the date, time and place 
for the opening and, where 
appropriate, the persons authorized 
to be present ; and 
  (e) the persons authorized to be 
present at the opening of tenders 
and the date, time and place of this 
opening;  
 
[(e) any information necessary to permit 
suppliers to use the tender 
documentation and submit a 
responsive tender  where  
 
 (i) the tender documentation is 
available through electronic means;  
 
 (ii) electronic means [are 
available for]CT [must be  GPA/TN1994/4/Rev.5  
 
- 26 - 
 
  PROPOSED REVISION  CORRESPONDING GPA TEXT  
used in]US,CDA ,JPN preparing 
the tender ; or 
 
 (iii) [the tender must be 
submitted 
through]US,CDA ,JPN electronic 
means [are available for 
submission of tenders]CT; 
and]US,CDA ,JPN 
[NB: The EC considers this 
provision to be too narrow in 
comparison with 
Article  XIbis:2(c), and that the 
matter is best addressed in that 
latter provision . A s such, 
paragraph  (e) as proposed does 
not seem to have much added 
value with respect to the 
general principle already stated 
in the chapeau of this Article . 
The reas on for being specific in 
the case of e -procurement 
would be to provide for more 
detail and to cover more than 
simply the preparation and 
sending of tenders.  
- In this perspective, 
"information necessary to 
permit suppliers to use the 
tender documentation a nd 
submit a responsive 
tender" does not cover 
"information necessary to 
meet the specification for 
using the necessary means 
and tools" as included in 
Article  XIbis. Indeed, the 
second formulation covers 
also the specifications for 
individual connection an d 
everything that is at an 
earlier stage than simply 
access to the tender 
documentation and 
submission of tenders.  
- There is no distinction in 
the Canadian formulation 
between the connection 
necessary for participating 
in an e -auction and the 
device for r eceiving 
tenders.  
- There are no checks and 
balances as to the nature of GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
the electronic means and 
tools to be used.  
- There are no minimum 
conditions for establishing 
the mechanism for 
receiving tenders in order 
to ensure equal treatment 
and non -discrimination of 
suppliers.  
- The condition that 
information must be made 
"available to interested 
Parties" in addition to being 
included in the tender 
documentation is missing . 
This, added to the fact that 
the Canadian proposal 
refers to "suppliers" 
instead of "potential 
suppliers", could lead to the 
information being 
circulated only to the 
suppliers that are already 
introduced/connected/sele
cted.]  
 
[(e)/(f)]  any other terms or conditions, 
including terms of payment and any 
limitation on the means by which 
tenders may be submitted, e.g. 
paper or electronic means.  
  
 
 
 
 
 (i) the terms of payment;  
 
 (j) any other terms or conditions;  
 
  (a) the address of the entity to which 
tenders should be sent;  
 
 (b) the address where requests for 
supplementary information should 
be sent;  
 
 (c) the language or languages in which 
tenders and tendering documents 
must be submitted;  
 
 (d) the closing date and time for 
receipt of tenders and the length of 
time during which any tender 
should be open for acceptance;  
 
 (k) in accordance with Article XVII the 
terms and conditions, if any, under 
which tenders from countries not 
Parties to this Agreement, but 
which apply the p rocedures of that 
Article, will be entertained.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In establishing any delivery date for the goods 
or services being procured, a procuring entity shall 
take into account such factors as the complexity of 
the procurement, the extent of subcontracting 
anticipated and the realistic time required for 
production, de -stocking and transport of goods from 
the points of supply or for supply of services.  
 Article  XI 
4. Consistent with the entity's own reasonable 
needs, any delivery date shall take into account such 
factors as the complexity of the intended 
procurement, the extent of subcontracting 
anticipated and the realistic time required for 
production, de -stocking and transport of goods from 
the points of supply or for supply of services.  
 
3. A proc uring entity shall promptly:  
 
(a) provide, on request, the tender 
documentation to any supplier 
participating in the procurement ; 
and 
 
(b) reply to any reasonable request for 
relevant information by a supplier 
participating in the procurement, 
provided tha t such information does 
not give that supplier an advantage 
over its competitors in the 
procurement.  
 Article XII  
Forwarding of Tender Documentation by the Entities  
3. (a) In open procedures, entities shall 
forward the tender documentation 
at the request of any supplier 
participating in the procedure, and 
shall reply promptly to any 
reasonable request for 
explanations relating thereto.  
 
 (b) In selective procedures, entities 
shall forward the tender 
documentation at the request of 
any supplier requ esting to 
participate, and shall reply 
promptly to any reasonable 
request for explanations relating 
thereto.  
 
 (c) Entities shall reply promptly to any 
reasonable request for relevant 
information submitted by a 
supplier participating in the 
tendering proce dure, on condition 
that such information does not 
give that supplier an advantage 
over its competitors in the 
procedure for the award of the 
contract.  
 
Technical Specifications  
 Article  VI 
Technical Specifications  
 
4. A procuring entity shall not prepare, adopt or 
apply any technical specification or prescribe any 
conformity assessment procedure with the purpose or 
the effect of creating unnecessary obstacles to 
international trade.  
 1. Technical specifications ... shall not be 
prepared, adopted or  applied with a view to, or with 
the effect of, creating unnecessary obstacles to 
international trade.  
 
5. In prescribing the technical specifications for 
the goods or services being procured, a procuring 
entity shall, where appropriate:  
 2. Technical specifications prescribed by 
procuring entities shall, where appropriate:  
 
(a) specify the technical specification, 
in terms of performance and 
functional requirements, rather 
than design or descriptive 
characteristics ; and  
  (a) be in terms of performance 
rather than design or descriptive 
characteristics ; and GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) base the technical specification on 
international standards, where such 
exist otherwise, on national 
technical regulations, recognized 
national standards or building 
codes[, p rovided that the notice of 
intended procurement or the tender 
documentation shall state that 
equivalent solutions shall be 
considered].EC,SWI ,HKC 
 
[5bis. Procuring entities [shall] [may] consider 
tenders which do not comply with the design or 
descriptive c haracteristics of the technical 
specification but do demonstrably meet the 
requirements thereof and are fit for the purposes 
intended. In this case, the reference to the technical 
specifications in the tender documentation must 
include words such as "or eq uivalent".]EC,KOR,HKC,NOR 
 
[5ter. Where design or descriptive characteristics are 
used in the technical specification, procuring entities 
[shall]EC [may] consider tenders that do not meet the 
specifications but do demonstrably meet the 
requirements thereof and are fit for the purposes 
intended.  In this case, the reference to the technical 
specifications in the tender documentation must 
include words such as "or equivalent".]  [NB: 
Paragraphs 5bis, 5ter and the bracketed 
language in subpar agraph 5(b) are 
alternatives.]  
  (b) be based on international 
standards, where such exist ; 
otherwise, on national technical 
regulations3, recognized national 
standards4, or building codes.  
 
6. A procuring entity shall not prescribe technical 
specifications that require or refer to a particular 
trademark or trade name, patent, copyright, design 
or type, specific origin, producer or supplier, unless 
there is no other sufficiently precise or intelligible way 
of describing the procurement requirem ents and 
provided that, in such cases, words such as "or 
equivalent" are included in the tender documentation.  
 3. There shall be no requirement or reference to 
a particular trademark or trade name, patent, design 
or type, specific origin, producer or supplier, unless 
there is no sufficiently precise or intelligible way of 
describing the procurement requirements and 
provided that words such as "or equivalent" are 
included in the tender documentation.  
 
7. A procuring entity shall not seek or accept, in 
a manner that would have the effect of precluding 
competition, advice that may be used in the 
preparation or adoption of any technical specification 
for a specific procurement from a person that may 
have a commercial interest in the procurement.  
 4. Entities shall not seek or accept, in a manner 
which would have the effect of precluding 
competition, advice which may be used in the 
preparation of specifications for a specific 
procurement from a firm that may have a commercial 
interest in the procurement.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[8. For greater certainty, this Article is not 
intended to preclude a Party from preparing, 
adopting, or applying technical specifications to 
promote the conservation of natural resources or 
protect the environment [provided that such technical 
specificati ons are consistent with 
paragraphs  4 through  7].JPN,EC]JP,EC,US,SWI,NOR,HK C [NB: 
Chinese Taipei reserves its position on the last 
bracket.]  
  
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Modifications  
  
9. Where, prior to the award of a contract, a 
procuring entity modifies the criteria or technical 
requirements set out in a notice or tender 
documentation provided to participating suppliers, or 
amends or reissues a notice or tender documentation, 
it shall transmit in writing all such modifications or  
amended or re -issued notice or tender 
documentation:  
 
(a) to all the suppliers that are 
participating at the time the 
information is amended, if known, 
and in all other cases, in the same 
manner as the original information ; 
and 
 
(b) in adequate time to allow such 
suppliers to modify and re -submit 
amended tenders, as appropriate.  
 Article IX  
10. If, after publication of an invitation to 
participate in any case of intended procurement, but 
before the time set for opening or receipt of tenders 
as specified in the notices or the tender 
documentation, it becomes necessary to amend or 
re-issue the notice, the amendment or the re -issued 
notice shall be given the same circulation as the 
original documents upon which the amendment is 
based . Any significant information given to one 
supplier with respect to a particular intended 
procurement shall be given simultaneously to all 
other suppliers concerned in adequate time to permit 
the suppliers to consider such information and to 
respond to it.  
 
Article XIV:4  
 
Entities shall not, in the course of negotiations, 
discriminate between different suppliers. In 
particular, they shall ensure that:  
 
 ... 
 
 (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  VIII 
Conditions for Participation  
[NB: Parties are considering this proposed 
Article.  Japan suggests the following structure:  
General Requirements;  Multi -Use Lists;  
Uniformity of Qualification and Registration 
Procedures;  Notice Inviting Applications;  and 
Information on Procuring Entities' Decisions.]  
 
  
Article  VIII 
Qualification of Suppliers  
 
General Requirements   
1. A procuring entity shall limit any conditions for 
participation in a procurement to those that are 
essential to ensure that a supplier has the legal, 
commercial, technical and financial abilities to 
undertake the relevant procurement.  
 In the process of qual ifying suppliers, entities shall 
not discriminate among suppliers of other Parties or 
between domestic suppliers and suppliers of other 
Parties . Qualification procedures shall be consistent 
with the following:  
 
(b) any conditions for participation in 
tende ring procedures shall be 
limited to those which are essential 
to ensure the firm's capability to 
fulfil the contract in question. ...  
 
2. In assessing whether a supplier satisfies the 
conditions for participation, a procuring entity shall:  
 
(a) shall evaluate the financial, 
commercial, and technical abilities 
of a supplier on the basis of that 
supplier's business activities both 
inside and outside the territory of 
the Party of the procuring entity;  
  (b) ... A ny conditions for 
participation required fr om 
suppliers, including financial 
guarantees, technical qualifications 
and information necessary for 
establishing the financial, 
commercial and technical capacity 
of suppliers, as well as the 
verification of qualifications, shall 
be no less favourable to s uppliers 
of other Parties than to domestic 
suppliers and shall not discriminate 
among suppliers of other Parties . 
The financial, commercial and 
technical capacity of a supplier 
shall be judged on the basis both of 
that supplier's global business 
activity a s well as of its activity in 
the territory of the procuring 
entity, taking due account of the 
legal relationship between the 
supply organizations;  
 
(b) base its determination on the 
conditions that the procuring entity 
has specified in advance in notices 
or tender documentation.  
  
 (c) may not impose the condition that, 
in order for a supplier to participate 
in a procurement, the supplier has 
previously been awarded one or 
more contracts by a procuring 
entity of a given Party;  and 
 
 [(d) may require relevant prior 
experience where essential to meet 
the requirements of the 
procurement].EC,US,CDA,HKC 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3. A procuring entity may exclude a supplier on 
grounds such as:  
 
(a) bankruptcy;  
 
(b) false declarations;  
 
(c) [significant deficiencies in 
performance of any substantive 
requirement or obligation under a 
prior contract]US,CDA; 
 
(d) [final]EC,CDA,US judgments [or 
judgments which have the force of 
res judicata ]EC in respect of serious 
crimes or other serious public 
offences;  
 
(e) [professional misconduct [or acts or 
omissions that adversely reflect 
upon the professional conduct, 
integrity or honesty of the 
supplier]HKC]EC,HKC,NOR; or 
 
(f) failure to pay taxes.  
  (h) nothing in subparagraphs (a) 
through (g) shall preclude the 
exclusion of any supplier on 
grounds such as bankruptcy or 
false declarations, provided that 
such an action is consistent with 
the national treatment and 
non-discrimination provisions of 
this Agreement.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Selective Tendering  
  
4. A procuring entity  that intends to use selective 
tendering shall, in the notice of intended 
procurement[, or in a separate notice in the 
appropriate publication listed in Appendix III that 
includes the information in Article V:2(a), (b), (g) and 
(i)]US,CDA: 
 
(a) invite suppl iers to submit a request 
for participation;  and 
 
(b) indicate the time -limit for 
submitting requests for 
participation, as provided for in 
Article  VI:2. 
 Article  VII 
3. For the purposes of this Agreement:  
 
 (b) Selective tendering procedures are 
those procedures under which, 
consistent with paragraph 3 of 
Article X and other relevant 
provisions of this Agreement, 
those suppliers invited to do so by 
the entity may submit a tender.  
 
Article  VIII 
... Qualification procedures shall be consistent with 
the fo llowing:  
 
(a) any conditions for participation in 
tendering procedures shall be 
published in adequate time to 
enable interested suppliers to 
initiate and, to the extent that it is 
compatible with efficient operation 
of the procurement process, 
complete the  qualification 
procedures;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. A procuring entity shall recognize as qualified 
suppliers all domestic suppliers and suppliers of other 
Parties that meet the conditions for participation in a 
particular procurement, unless the procuring entity 
states in the notice or, where publicly avai lable, in the 
tender documentation,  any limitation on the number 
of suppliers that will be permitted to tender and the 
criteria for such limitation.  
 Article VIII  
(c) the process of, and the time required for, 
qualifying suppliers shall not be used in order 
to keep suppliers of other Parties off a 
suppliers' list or from being considered for a 
particular intended procurement.  Entities 
shall recognize as qualified suppliers such 
domestic suppliers or suppliers of other 
Parties who meet the conditions for  
participation in a particular intended 
procurement.  Suppliers requesting to 
participate in a particular intended 
procurement who may not yet be qualified 
shall also be considered, provided there is 
sufficient time to complete the qualification 
procedure;  
 
Article X  
1. To ensure optimum effective international 
competition under selective tendering procedures, 
entities shall, for each intended procurement, invite 
tenders from the maximum number of domestic 
suppliers and suppliers of other Parties, consistent  
with the efficient operation of the procurement 
system.  They shall select the suppliers to participate 
in the procedure in a fair and non -discriminatory 
manner.  
 
2. Entities maintaining permanent lists of 
qualified suppliers may select suppliers to be inv ited 
to tender from among those listed.  Any selection shall 
allow for equitable opportunities for suppliers on the 
lists. 
 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted to participate shall be limited only 
by the efficient operation of t he procurement system.  
 
6. Where the tender documentation is not made 
publicly available from the date of publication of the 
notice referred to in paragraph 4, the procuring entity 
shall ensure that those documents are made available 
at the same time to all the qualified suppliers selected 
in accordance with paragraph 5.  
 Article  IX 
5. Entities which use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred 
to in paragraph 4 of Arti cle XVIII and in a timely 
manner, information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in participating in 
the procurement.  This information shall include the 
information contained in t he notices referred to in 
paragraphs 6 and 8, to the extent such information is 
available.  Information provided to one interested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Where a supplier submits a r equest for 
participation, and all required documents relating 
thereto, within the time -limit, as provided for in 
Article VI:2, a procuring entity, [whether or not it uses 
a multi -use list,]EC shall examine the request and may 
not exclude the supplier from consideration in respect 
of the procurement on the grounds that the procuring 
entity has insufficient time to examine the 
application[, unless, due to the complexity of the 
procurement, the entity is not able to complete the 
examination of the application [within the time period 
allowed for the submission of tenders]US [before 
commencement of the tendering period]HKC].US,HKC 
[The process of, and time required for, verifying if 
such suppliers meet the conditions for participation 
shall not be used to exclude  such suppliers from being 
considered for the procurement.]EC 
 
 Article VIII  
(c) the process of, and the time 
required for, qualifying suppliers 
shall not be used in order to keep 
suppliers of other Parties off a 
suppliers' list or from being 
considered for a particular 
intended procurement.  Entities 
shall recognize as qualified 
suppliers such domestic suppliers 
or suppliers of other Parties who 
meet the conditions for 
participation in a particular 
intended procurement.  Suppliers 
requesting to participate in a 
particular intended procurement 
who may not yet be qualified shall 
also be considered, provided there 
is sufficient time to complete the 
qualification procedure;  
 
Article X  
3. Suppliers requesting to participate in a 
particular intended pr ocurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under 
Articles  VIII and IX.  The number of additional 
suppliers permitted t o participate shall be limited only 
by the efficient operation of the procurement system.  
 
 Article  X 
4. Requests to participate in selective tendering 
procedures may be submitted by telex, telegram or 
facsimile.  
 
Multi-Use Lists  
  
8. A procuring entity may maintain a multi -use 
list of suppliers, provided that it annually publishes 
[or otherwise makes available continuously in 
electronic form]US a notice inviting interested 
suppliers to apply for inclusion on the list in one of the 
approp riate publications listed in Appendix  III. The 
notice shall include:  
 Article  IX 
9. In the case of selective tendering procedures, 
entities maintaining permanent lists of qualified 
suppliers shall publish annually in one of the 
publications listed in Appen dix III a notice of the 
following:  
 
(a) a description of the goods and 
services, or categories thereof, for 
which the list may be used;  
 (a) the enumeration of the lists 
maintained, including their 
headings, in relation to the 
products or services or categories 
of products or services to be 
procured through the lists;  
 
(b) the conditions for participation to be 
satisfied by suppliers and the 
methods that the procuring entity 
will use to verify a supplier's 
satisfaction of the conditions;  
 (b) the conditions to be fulfilled by 
suppliers with a view to their 
inscription on those lists and the 
methods according to which each 
of those conditions will be verified 
by the entity concerned ; and 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) the name and address of the 
procuring entity and other 
information necessary to contact 
the entity and obtain all relevant 
documents relating to the list;  
  
(d) the period of validity of the list and 
the means for its renewal or 
termination, or where the period of 
validity is not provided, an 
indication of the method by which 
notice will be given of the 
termination of use of the list;  and 
 (c) the period of validity of the lists, 
and the formalities for their 
renewal.  
 
Article VIII  
 (f)  … Qualified suppliers included on 
permanent lists by enti ties shall 
also be notified of the termination 
of any such lists or of their removal 
from them;  
 
(e) an indication that, the list may be 
used for procurement covered by 
this Agreement.  
 
 Article IX  
11. Entities shall make clear, in the notices 
referred to in this Article or in the publication in which 
the notices appear, that the procurement is covered 
by the Agreement.  
 
[9. Notwithstanding paragraph  8, a procuring 
entity may publish the notice referred to in 
paragraph  8 only once, at the beginning of the validity 
of the list, provided that:  
 
 (a) the period of validity is three years 
or less and is stated in the notice;  
and 
 
(b) the notice states that further notices 
will not be published.]EC,US 
 Article IX  
9. However, when the duration of the 
qualification system is three years or less, and if the 
duration of the system is made clear in the notice and 
it is also made clear that further notices will not be 
published, it shall be sufficient to publish the notice 
once only, at the beginning of the system . Such a 
system shall not be used in a manner which 
circumvents the provisions of this Agreement.  
 
10. A procuring entity shall allow suppliers to apply 
at any time for inclusion on a multi -use list and shall 
include on the list all  qualified suppliers within a 
reasonably short time.  
 Article VIII  
(d) entities maintaining permanent 
lists of qualified suppliers shall 
ensure that suppliers may apply for 
qualification at any time ; and that 
all qualified suppliers so requesting 
are inclu ded in the lists within a 
reasonably short time;  
 
Uniformity of Qualification and Registration 
Procedures  
  
[11. Each Party shall ensure that:  
 Article VIII  
 
(g) each Party shall ensure that:  
 
 (a) each procuring entity and its 
constituent parts follow a single 
qualification procedure, except in 
cases of duly substantiated need for 
a different procedure;  and 
 (i) each entity and its 
constituent parts follow a 
single qualification 
procedure, except in cases 
of duly substantiated need 
for a differen t procedure;  
and 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 (b) its procuring entities make efforts 
to minimize differences in their 
qualification and registration 
procedures.]EC,US 
 (ii) efforts be made to 
minimize differences in 
qualification procedures 
between entities.  
 
Annex  [2 and]US 3 Entities  
  
12. A procuring entity listed in Annex [2 or]US 3 
may use a notice inviting suppliers to apply for 
inclusion on a multi -use list as a notice of intended 
procurement, provided that:  Article IX  
3. Entities in Annexes  2 and 3 may use a notice 
of planned procurement as provided for in paragraph 
7, or a not ice regarding a qualification system, as 
provided for in paragraph 9, as an invitation to 
participate.  
 
(a) the notice sets out, in addition to 
the information required in 
paragraph  8, as much of the 
information required in Article  V:2 
as is available and  contains a 
statement that it constitutes a 
notice of intended procurement [or 
that only the suppliers on the 
multi-use list will receive further 
notice of procurements that are 
covered by the multi -use list]US; 
[and]US 
 
(b) the entity promptly provides to  
suppliers that have expressed an 
interest to the entity in a given 
procurement, sufficient information 
to permit them to assess their 
interest in the procurement, 
including all remaining information 
required in Article  V:2, to the 
extent such information is 
available;  [and 
 Article IX  
5. Entities which use a notice regarding a 
qualification system as an invitation to participate 
shall provide, subject to the considerations referred 
to in paragraph 4 of Article  XVIII and in a timely 
manner, information which allows all those who have 
expressed an interest to have a meaningful 
opportunity to assess their interest in participating in 
the procurement.  This information shall include the 
information contained in the notices referred to in 
paragrap hs 6 and 8, to the extent such information is 
available.  Information provided to one interested 
supplier shall be provided in a non -discriminatory 
manner to the other interested suppliers.  
 
9. ... When such a notice is used as an invitation 
to participate in accordance with paragraph 3, the 
notice shall, in addition, include the following 
information:  
 
(d) the nature of the products or 
services concerned;  
(e) a statement that the notice 
constitutes an invitation to 
participate.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) a supplier having applied for 
inclusion on a multi -use list in 
accordance with paragraph  10 shall 
be entitled to tender in a given 
procurement, if there is sufficient 
time to examine whether it satisfies 
the conditions for 
participation].EC,NOR 
 Article VIII  
 
(c) ... Suppli ers requesting to 
participate in a particular intended 
procurement who may not yet be 
qualified shall also be considered, 
provided there is sufficient time to 
complete the qualification 
procedure;  
 
 (e) if, after publication of the notice 
under paragraph 1  of Article  IX, a 
supplier not yet qualified requests 
to participate in an intended 
procurement, the entity shall 
promptly start procedures for 
qualification;  
 
Article  X 
 
3. Suppliers requesting to participate in a 
particular intended procurement shall be permitted to 
submit a tender and be considered, provided, in the 
case of those not yet qualified, there is sufficient time 
to complete the qualification procedure under Articles 
VIII and IX.  The number of additional suppliers 
permitted  to participate shall be limited only by the 
efficient operation of the procurement system.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Information on Procuring Entities ' Decisions  
  
13. A procuring entity shall promptly inform any 
supplier that submits a request for participation or for 
inclusion on a multi -use list of its decision.  
 
14. Where a procuring entity rejects a supplier's 
request or ceases to recognize a supplier as qualified 
[or removes a supplier from a multi -use list]KOR, the 
entity  shall inform the supplier and, on request of the 
supplier, promptly provide the supplier with a written 
explanation of the reasons for its decision.  
 Article VIII  
 (f) any supplier having requested 
to become a qualified supplier shall 
be advised by the entities 
concerned of the decision in this 
regard . Qualified suppliers included 
on permanent lists by entities shall 
also be notified of the termination 
of any such lists or of their removal 
from them ...;  
 
Article XVIII  
 
2. Each entity shall, on request f rom a supplier 
of a Party, promptly provide:  
 
 ... 
 
 (b) pertinent information concerning 
the reasons why the supplier's 
application to qualify was rejected, 
why its existing qualification was 
brought to an end and why it was 
not selected;  ... 
 
 
 
Article  IX 
Negotiation  
  
Article  XIV 
Negotiation  
 
1. A Party may provide for its procuring entities 
to conduct negotiations:  
 1. A Party may provide for entities to conduct  
negotiations:  
 
(a) in the context of procurements in 
which they have indicated such 
intent in the notice of intended 
procurement in paragraph  2 of 
Article  V; or 
 (a) in the context of procurements in 
which they have indicated such 
intent, namely in the notice 
referred to in paragraph 2 of Article 
IX (the invitation to suppl iers to 
participate in the procedure for the 
proposed procurement) ; or 
 
(b) where it appears from the 
evaluation that no one tender is 
obviously the most advantageous in 
terms of the specific evaluation 
criteria set forth in the notices or 
tender documentation.  
 (b) when it appears from evaluation 
that no one tender is obviously the 
most advantageous in terms of the 
specific evaluation criteria set forth 
in the notices or tender 
documentation.  
 2. Negotiations shall primarily be used to identify 
the strengths and weaknesses in tenders.  
 
3. Entities shall treat tenders in confidence . In 
particular, they shall not provide information 
intended to assist particular participants to bring their 
tenders up to the level of other participants.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. A procuring entity shall:  
 
 (a) ensure that any elimination of 
tenderers in negotiations is carried 
out in accordance with the 
[evaluation] criteria set out in the 
notices or tender documentation ; 
and 
 4. Entities shall not, in the course of 
negotiations, discriminate between different 
suppliers . In particular, they shall ensure that:  
 
 (a) any elimination of participants is 
carried out in accordance with the 
criteria set forth in the notices and 
tender documentation;  
 
  (b) all modifications to the criteria and 
to the technical requirements are 
transmitted in writing to all 
remaining participants in the 
negotiations;  
 
 (b) when negotiations are concluded, 
provide a common deadline for the 
remaining tenderers to submit any 
new or revised tenders.  
 (c) all remaining participants are 
afforded an opportunity to submit 
new or amended submissions on 
the basis of the revised 
requirements;  and 
 
 (d) when negotiations are concluded, 
all participants remaining in the 
negotiations shall be permitted to 
submit final tenders in accordance 
with a common deadline.  
 
 
Article  X 
Limited Tendering  
  
Article  XV 
Limited Tendering  
 
1. Provided that it does not use this provision for 
the purpose of avoiding competition among suppliers 
or in a manner that discriminates against suppliers of 
the other Parties, or that protects domestic suppliers, 
a procuring entity may use a limited tenderi ng 
procedure and may choose not to apply Articles  [V, 
VI, VII:1 -3 and 9, VIII, IX, and XI:1, 3 -9] in the 
following circumstances :  1. The provisions of Articles  VII through XIV 
governing open and selective tendering procedures 
need not apply in the followi ng conditions, provided 
that limited tendering is not used with a view to 
avoiding maximum possible competition or in a 
manner which would constitute a means of 
discrimination among suppliers of other Parties or 
protection to domestic producers or supplier s: 
 
Article VII  
3. For the purposes of this Agreement:  
 
(c) Limited tendering procedures are 
those procedures where the entity 
contacts suppliers individually, only 
under the conditions specified in 
Article  XV. 
 
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) provided that the requirements of 
the tender documentation are not 
substantially modified:  
 
(i) where no tenders were 
submitted or no suppliers 
applied to meet the 
conditions for 
participation;  
 
(ii) where no tenders that 
confor m to the essential 
requirements of the tender 
documentation were 
submitted;  
 
(iii) where no suppliers 
satisfied the conditions for 
participation ; or 
 
(iv) where the tenders 
submitted have been 
collusive;  
 Article XV:1  
 (a) in the absence of tenders in 
response to an open or selective 
tender, or when the tenders 
submitted have been collusive, or 
not in conformity with the essential 
requirements in the tender, or from 
suppliers who do not comply with 
the conditions for participation 
provided for in accord ance with this 
Agreement, on condition, however, 
that the requirements of the initial 
tender are not substantially 
modified in the contract as 
awarded;  
 
(b) where the goods or services can be 
supplied only by a particular 
supplier and no reasonable 
alternative or substitute goods or 
services exist for the following 
reasons:  
 
(i) the requirement is for a 
work of art;  
 
(ii) the protection of patents, 
copyrights or other 
exclusive rights[, or 
proprietary 
information]US,CDA,JPN; or 
[NB: T he EC  is 
wondering what is the 
extent or definition of 
proprietary 
information.]  
 
(iii) due to an absence of 
competition for technical 
reasons;  
  (b) when, for works of art or for 
reasons connected with protection 
of exclusive rights, such as patents 
or copyrig hts, or in the absence of 
competition for technical reasons, 
the products or services can be 
supplied only by a particular 
supplier and no reasonable 
alternative or substitute exists;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(c) for additional deliveries of goods or 
services by the original supplier that 
are intended either as replacement 
parts, extensions, or continuing 
services for existing equipment, 
software, services or installations, 
where a change of supplier would 
compel t he entity to procure goods 
or services that do not meet 
requirements of interchangeability 
with [or are not operable with]EC 
existing equipment, software, 
services, or installations;  [that 
would:  
 
(i) alter the operation or use 
of the existing goods or 
services; or 
 
(ii) due to the change of goods 
or services, require 
existing equipment or 
services to be altered;]CDA 
[NB: Switzerland notes that the 
relationship between (c) and (g) 
needs further scrutiny.]  
  (d) for additional deliveries by the 
original supplier which are intended 
either as parts replacement for 
existing supplies, or installations, 
or as the extension of existing 
supplies, services, or installations 
where a change of supplier would 
compel the entity to procure 
equipment or servic es not meeting 
requirements of interchangeability 
with already existing equipment or 
services5; 
 
Footnote  
5. It is the understanding that "existing 
equipment" includes software to the extent that the 
initial procurement of the software was covered by 
the A greement.  
(d) in so far as is strictly necessary 
where, for reasons of extreme 
urgency brought about by events 
unforeseeable by the procuring 
entity, the goods or services could 
not be obtained in time under 
tendering procedures consistent 
with Articles  []; 
  (c) in so far as is strictly necessary 
when, for reasons of extreme 
urgency brought about by events 
unforeseeable by the entity, the 
products or services could not be 
obtained in time by means of open 
or selective tendering procedures;  
 
(e) for goods purchased on a 
commodity market ; or 
  (h) for products purchased on a 
commodity market;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(f) where a procuring entity procures a 
prototype or a first good or service 
that is developed at its request in 
the course of, and for, a particular 
contract for research, experiment, 
study or original development . 
Original development of a first good 
or service may include limited 
production or supply in order to 
incorporate the results of field 
testing and to demonstrate that the 
good or service is sui table for 
production or supply in quantity to 
acceptable quality standards, but 
does not include quantity 
production or supply to establish 
commercial viability or to recover 
research and development costs;  
  (e) when an entity procures 
prototypes or a fir st product or 
service which are developed at its 
request in the course of, and for, a 
particular contract for research, 
experiment, study or original 
development . When such contracts 
have been fulfilled, subsequent 
procurements of products or 
services shal l be subject to 
Articles  VII through XIV6; 
 
Footnote  
6. Original development of a first product or 
service may include limited production or supply in 
order to incorporate the results of field testing and to 
demonstrate that the product or service is suita ble for 
production or supply in quantity to acceptable quality 
standards . It does not extend to quantity production 
or supply to establish commercial viability or to 
recover research and development costs.  
 
(g) where additional 
[construction]JPN,CDA,US,KOR services 
which were not included in the initial 
procurement but which were within 
the objectives of the original tender 
documentation have, through 
unforeseeable circumstances, 
become necessary to complete the 
services describe d therein, and the 
entity needs to award contracts for 
the additional services to the 
contractor carrying out the services 
concerned since the separation of 
the additional services from the 
initial procurement would be 
difficult for technical or economic 
reasons and cause significant 
inconvenience to the procuring 
entity . However, the total value of 
contracts awarded for the additional 
services may not exceed 50  per 
cent of the amount of the main 
procurement ; [NB: Switzerland, 
Norway and the EC question 
why this should be limited to 
construction.]  
  (f) when additional construction 
services which were not included in 
the initial contract but which were 
within the objectives of the original 
tender documentation have, 
through unforeseeable 
circumstances, becom e necessary 
to complete the construction 
services described therein, and the 
entity needs to award contracts for 
the additional construction services 
to the contractor carrying out the 
construction services concerned 
since the separation of the 
additional construction services 
from the initial contract would be 
difficult for technical or economic 
reasons and cause significant 
inconvenience to the entity . 
However, the total value of 
contracts awarded for the 
additional construction services 
may not exceed 50 % of the amount 
of the main contract;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(h) for new [construction]JPN,CDA,US,KOR 
services consisting of the repetition 
of similar services which conform to 
a basic project for which an initial 
contract was awarded following an 
open or selective procurement  
method and for which the procuring 
entity has indicated in the notice of 
intended procurement concerning 
the initial service, that a limited 
procurement method might be used 
in awarding contracts for such new 
services;  
  (g) for new construction services 
consisting of the repetition of 
similar construction services which 
conform to a basic project for which 
an initial contract was awarded in 
accordance with Articles  VII 
through XIV and for which the 
entity has indicated in the notice of 
intended procurement concerning 
the initial construction service, that 
limited tendering procedures might 
be used in awarding contracts for 
such new construction services;  
 
(i) for purchases made under 
exceptionally advantageous 
conditions which only a rise in the 
very short term in the case of 
unusual disposals such as arising 
from liquidation, receivership or 
bankruptcy and not for routine 
purchases from regular suppliers ; 
and 
  (i) for purchases made under 
exceptionally advantageous 
conditions which o nly arise in the 
very short term . This provision is 
intended to cover unusual disposals 
by firms which are not normally 
suppliers, or disposal of assets of 
businesses in liquidation or 
receivership . It is not intended to 
cover routine purchases from 
regula r suppliers;  
 
(j) in the case of a contract awarded to 
a winner of a design contest 
provided that:  
 
(i) the contest has been 
organized in a manner that 
is consistent with the 
principles of this 
Agreement, notably as 
regards the publication of a 
notice of intended 
procurement ; and 
 
(ii) the participants are judged 
by an independent jury 
with a view to a design 
contract being awarded to 
a winner.  
  (j) in the case of contracts awarded 
to the winner of a design contest 
provided that the contest has been 
organized in a manner which is 
consistent with the principles of 
this Agreement, notably as regards 
the publication, in the sense of 
Article  IX, of an invitation to 
suitably qualified suppliers, to 
participate in such a contest which 
shall be judged b y an independent 
jury with a view to design contracts 
being awarded to the winners.  
 
2. A procuring entity shall prepare a report in 
writing on each contract awarded under paragraph  1. 
Each such report shall include the name of the 
procuring entity, the value and kind of goods or 
services procured and a statement indicating the 
circumstances and conditions described in 
paragraph  1 that justified the use of such procedures.  
 2. Entities shall prepare a report in writing on 
each contract awarded  under the provisions of 
paragraph  1. Each report shall contain the name of 
the procuring entity, value and kind of goods or 
services procured, country of origin, and a statement 
of the conditions in this Article which prevailed . This 
report shall remain w ith the entities concerned at the 
disposal of the government authorities responsible 
for the entity in order that it may be used if required 
under the procedures of Articles  XVIII, XIX, XX and 
XXII. 
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XI 
Treatment of Tenders and Contract Awards  
  
Article  XIII 
Submission,  Receipt  and Opening  of Tenders  and 
Awarding  of Contracts  
 
Receipt and Opening of Tenders  Opening of Tenders  
 
1. A procuring entity shall receive and open all 
tenders under procedures that guarantee the fairness 
and impartiality of the procurement process.  
 3. All tenders solicited under open or selective 
procedures by entities shall be received and opened 
under procedures and conditions guaranteeing the 
regularity of t he openings . The receipt and opening 
of tenders shall also be consistent with the national 
treatment and non -discrimination provisions of this 
Agreement . Information on the opening of tenders 
shall remain with the entity concerned at the disposal 
of the go vernment authorities responsible for the 
entity in order that it may be used if required under 
the procedures of Articles  XVIII, XIX, XX  and XXII.  
 
2. A procuring entity shall treat tenders in 
confidence at least until the [award of the contract.] 
[contra ct award decision].  
 Article XIV  
3. Entities shall treat tenders in confidence . In 
particular, they shall not provide information 
intended to assist particular participants to bring their 
tenders up to the level of other participants.  
 
3. A procuring entity shall not penalize any 
supplier whose tender is received after the time 
specified for receiving tenders if the delay is due 
solely to mishandling on the part of the procuring 
entity.  
 Article XIII  
Receipt of Tenders  
2. A supplier shall not  be penalized if a tender is 
received in the office designated in the tender 
documentation after the time specified because of 
delay due solely to mishandling on the part of the 
entity . Tenders may also be considered in other 
exceptional circumstances if t he procedures of the 
entity concerned so provide.  
 
4. When a procuring entity provides suppliers 
with opportunities to correct unintentional errors of 
form between the opening of tenders and the 
awarding of the contract, the procuring entity shall 
provide  the same opportunities to all participating 
suppliers.  
  (b) the opportunities that may be 
given to tenderers to correct 
unintentional errors of form 
between the opening of tenders 
and the awarding of the contract 
shall not be permitted to give rise 
to any discriminatory practice.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Awarding of Contracts  
 
5. To be considered for award, a tender must be 
in writing and must, at the time of opening, comply 
with the essential requirements of the notices and 
tender documentation and be from a supplier that 
satisfies any conditions for participation.  
 1. The submission, receipt and opening of 
tenders and awarding of contracts shall be consistent 
with the following:  
 
 (a) tenders shall normally be 
submitted in writing directly or by 
mail. If tenders by telex, te legram 
or facsimile are permitted, the 
tender made thereby must include 
all the information necessary for 
the evaluation of the tender, in 
particular the definitive price 
proposed by the tenderer and a 
statement that the tenderer agrees 
to all the terms, c onditions and 
provisions of the invitation to 
tender.  The tender must be 
confirmed promptly by letter or by 
the despatch of a signed copy of 
the telex, telegram or facsimile.  
Tenders presented by telephone 
shall not be permitted.  The content 
of the telex, telegram or facsimile 
shall prevail where there is a 
difference or conflict between that 
content and any documentation 
received after the time -limit;  and 
 
Award of Contracts  
 
4. (a) To be considered for award, a tender 
must, at the time of opening, 
conform to the essential 
requirements of the notices or 
tender documentation and be from a 
supplier which complies with the 
conditions for participation.  ... 
 
 (c) Awards shall be made in 
accordance with the criteria and 
essential requirements specified in 
the tender documentation.  
 
6. A procuring entity shall not use option clauses 
in a manner that circumvents the provisions of this 
Agreement.  
 5. Option clauses shall not be used in a manner 
which circumvents the provisions of the Agreement.  
 
7. Unless a procuring entity determines that it is 
not in the public interest to award a contract, it shall 
award the contract to the supplier that the entity has 
determined to be fully capable of undertaking the 
contract and whose tender is e ither the lowest price 
or the tender that the entity has determined to be the 
most advantageous solely on the basis of the 
requirements and evaluation criteria specified in the 
notices or tender documentation.  
 4. (b) Unless in the public interest an 
entity decides not to issue the 
contract, the entity shall make the 
award to the tenderer who has 
been determined to be fully 
capable of undertaking the 
contract and whose tender, 
whether for domestic products or 
services, or products or services of 
other Parties, is either the lowest 
tender or the tender which in 
terms of the specific evaluation 
criteria set forth in the notices or 
tender documentation is 
determined to be the most 
advantageous.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
8. Where a procuring entity receives a tender 
with a price t hat is abnormally lower than the prices 
in other tenders submitted, it may verify with the 
tenderer that it can comply with the conditions of 
participation and be capable of fulfilling the terms of 
the contract.  
 4. (a) ... If an entity has received a tend er 
abnormally lower than other tenders submitted, it 
may enquire with the tenderer to ensure that it can 
comply with the conditions of participation and be 
capable of fulfilling the terms of the contract.  
 
[9. A procuring entity shall not cancel a 
procure ment or modify awarded contracts in a 
manner that circumvents the obligations of this 
Agreement.]US,EC,NOR,JPN,SWI ,HKC,KOR 
  
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
 
[Article  XIbis 
Use of Electronic Means ] 
[NB: Israel is still considering this proposed 
Article . C anada is questioning 
whether  2 (b), 2 (d) and 3 (d) are necessary.]  
  
1. [Procurement covered by this Agreement 
conducted, exclusively or not, by electronic means 
shall be subject to the provisions of this 
Agreement.]EC,SGP,KOR,SWI 
 
2. Where a procuring entity intends to conduct a 
procurement using electronic means, either wholly or 
partially, it shall:  
 
[(a) indicate in the notice of intended 
procurement its intention to use 
electronic means;]EC,KO R [NB: The 
United St ates, Japan and 
Canada consider that this 
provision should be located in 
Article V:2 . 
 
(b) ensure that any means and tools 
used for communicating 
electronically including 
authentication, integrity of data and 
encryption are 
[non-discriminatory][.]JPN, 
[generally available and 
interoperable with the information 
and communication technology 
products in general use and will not 
impose an unreasonable burden on 
other Parties' suppliers access to 
the tendering procedure] ; [NB: 
Canada, the US and Japan have 
reservations on this 
subparagraph and consider 
that, to the extent these matters 
need to be covered, they should 
be addressed in Article III.]  
 
(c) ensure that all information 
necessary to permit potential 
suppliers to meet the specif ications 
for using the necessary electronic 
means and tools is available to 
interested parties and is included by 
the procuring entity in the tender 
documentation ; and [NB: Canada, 
the US and Japan believe that 
this paragraph should be Article XXIV:8  
Information Technol ogy 
 
 With a view to ensuring that the Agreement 
does not constitute an unnecessary obstacle to 
technical progress, Parties shall consult regularly in 
the Committee regarding developments in the use of 
information technology in government procurement 
and s hall, if necessary, negotiate modifications to the 
Agreement . These consultations shall in particular 
aim to ensure that the use of information technology 
promotes the aims of open, non -discriminatory and 
efficient government procurement through 
transparen t procedures, that contracts covered under 
the Agreement are clearly identified and that all 
available information relating to a particular contract 
can be identified . When a Party intends to innovate, 
it shall endeavour to take into account the views 
expressed by other Parties regarding any potential 
problems.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
modified and moved t o 
paragraph  1 in Article  VII.]  
 
(d) use mechanisms which clearly and 
unambiguously guarantee that, 
pending the expiry of the deadlines 
set, the integrity of data is 
preserved, access to tenders and 
request to participate is prohibited 
and the timing of rec eipt of tenders 
and request to participate is 
accurately established.  [NB: The 
US, Canada and Japan consider 
that, to the extent these matters 
need to be covered, they should 
be addressed in Article III . The 
EC is wondering whether this is 
covered elsewhere.]  
 
3. [A procuring entity that intends to hold an 
electronic auction in a] [A]US covered procurement 
[may be conducted by electronic auction, provided 
that the procuring entity]US shall: [NB: Israel is 
wondering whether the requirements of 
confid entiality allow for the use of electronic 
auction . The EC believes that there is no 
contradiction between the running of an 
electronic auction and requirements of 
confidentiality.]  
 
[(a) state their intention to use 
electronic auctions in the notice of 
intended procurement; ] [NB: 
Japan, Canada and the United 
States consider that this 
provision should be located in 
Article  V:2.]  
 
(b) indicate in the tender documents 
the features on which the electronic 
auction will be run, provided that 
such features are qua ntifiable and 
can be expressed in figures or 
percentages, and the conditions and 
rules under which the auction will be 
carried out ; [NB: Japan, Canada 
and the US believe this should 
be located in Article  VII relating 
to evaluation criteria.]  
 
(c) provide p articipants, before starting 
the electronic auction, with the 
evaluation factors that will be used, 
including [any]US [the]EC GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  
 CORRESPONDING GPA TEXT  
mathematical formula determining 
the automatic ranking during the 
electronic auction when the contract 
is to be awarded on the bas is of the 
most economically advantageous 
tender ; [NB: Japan and Canada 
believe this should be located in 
Article  VII relating to 
evaluation criteria.]  
 
[(d) ensure that electronic auctions 
operate in full accordance with the 
general principles of this 
Agreement, in particular, equal 
treatment, non -discrimination and 
transparency.]EC 
 
[4. A procuring entity shall ensure that all stages 
of the procurement procedure conducted by electronic 
[auction]SGP [means]EC remain fully traceable for a 
period of at least three years from the award of the 
contract.]EC,KO R [NB: C anada, the US and 
Singapore wonder whether this should not be 
addressed in Article  XII:4 bis, if at all 
necessary.]  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
Article  XII 
Transparency of Contract Award Information  
  
Article XVIII  
Information and Review as Regards Obligations of 
Entities  
 
Information Provided to Suppliers  
  
1. A procuring entity shall promptly inform 
participating suppliers of the entity's contract award 
decisions and, on request, in writing. Subject to 
Article  XIII, a procuring entity shall, on request, 
provide an unsucce ssful supplier with an explanation 
of the reasons that the entity did not select its tender 
and the relative advantages of the successful 
supplier's tender.  
 3. Entities shall promptly inform participating 
suppliers of decisions on contract awards and, upo n 
request, in writing.  
 
2. Each entity shall, on request from a supplier 
of a Party, promptly provide:  
 
… 
 
 (c) to an unsuccessful tenderer, 
pertinent information concerning 
the reasons why its tender was not 
selected and on the characteristics 
and relative advantages of the 
tender selected as well as the name 
of the winning tenderer.  
 
Publication of Award Information  
  
2. Not later than 72  days after the award of each 
contract covered by this Agreement, a procuring 
entity shall  publish a notice in an officially designated 
publication listed in Appendix  II that may be in an 
electronic or paper medium . Where only an electronic 
medium is used, the information shall remain readily 
accessible for a reasonable period of time . The noti ce 
shall include at least the following information:  
 1. Entities shall publish a notice in the 
appropriate publication listed in Appendix II not later 
than 72 days after the award of each contract under 
Articles  XIII through XV . These notices shall contai n: 
(a) a description of the goods or 
services procured;  
  (a) the nature and quantity of products 
or services in the contract award;  
 
(b) the name and address of the 
procuring entity;  
  (b) the name and address of the entity 
awarding the contract;  
 
(c) the name and address of the 
successful supplier;  
  (d) the name and address of winning 
tenderer;  
(d) the value of the successful tender or 
the highest and lowest offers taken 
into account in the award of the 
contract;  
  (e) the value of the winning award or 
the highest and lowest offer taken 
into account in the award of the 
contract;  
(e) the date of award ; and 
  (c) the date of award;  
(f) type of procurement method used, 
and in cases where limited 
tendering was used pursuant to 
Article  [X (Limited Tendering) ], a 
description of the circumstances 
justifying the use of such 
procedure.  
  (g) the type of procedure used.  
 
 (f) where appropriate, means of 
identifying the notice issued under 
paragraph 1 of Article  IX or 
justification acc ording to Article  XV 
for the use of such procedure ; and 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Maintenance of Documentation and Reports  
  
3. Each procuring entity shall maintain 
documentation and reports of tendering procedures 
and contract awards relating to covered procurement, 
including the reports provided for in Article  [X 
(Limited Tendering) ], and shall retain such 
documentation and reports for a period of at least 
three  years from the award of the contract.  
 
[3bis. A procuring entity shall ensure that all stages 
of the procu rement procedure conducted by electronic 
[auction]SGP [means] remain fully traceable for a 
period of at least three years from the award of the 
contract.]KOR] [NB: The EC considers that this 
provision should be located in Article  XIbis:4 as 
the obligation of traceability does not 
correspond to the obligation of maintaining 
documentation or reports . The US, Japan and 
Canada are still considering the content of, and 
the need for, this paragraph.]  
 Article XX  
4. Each Party shall ensure that documentation 
relating to all aspects of the process concerning 
procurements covered by this Agreement shall be 
retained for three years.  
 
Article XV  
 
2. Entities shall prepare a report in writing on 
each contract awarded under the provisions of 
paragraph 1. Each report shall contain the name of 
the procuring entity, value and kind of goods or 
services procured, country of origin, and a statement 
of the conditions in this Article which prevailed.  This 
report shall remain with the entities concerned at the 
disposal of the government authorities responsible 
for the entity in order that it may be used if required 
under the procedures of Articles XVIII, XIX, XX and 
XXII. 
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Collection and Report of Statistics  
  
5. Each Party shall collect and report to the 
Committee statistics on its contracts covered by this 
Agreement . Each report shall cover one  year and be 
submitted within two  years of the end of the reporting 
period, and shall contain:  
 
 
 Article XIX  
5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) For Annex  1 procuring entities:  
 
(i) the number and total 
value, for all such entities, 
of contracts covered by 
this Agreement;  
 
(ii) the number and total 
value of all contracts 
covered by this Agreement 
awarded by such entities, 
broken down by 
[categories of]US,CDA goods 
and services [according to 
an internationally 
recognized uniform 
classification 
system]CDA,US,JPN; and 
 
(iii) the number and total value 
of contracts covered by 
this Agreement awarded 
by each such entity under 
limited tendering;  
 
[(iv) the total value of 
contracts awarded under 
derogations to the 
Agreement contained in 
the relevant Annexes.]CDA (a) for entities in Annex  1, statistics on 
the estimated value of contracts 
awarded, both above and b elow the 
threshold value, on a global basis 
and broken down by entities; …  
 
(b) for entities in Annex  1, statistics on 
the number and total value of 
contracts awarded above the 
threshold value, broken down by 
entities and categories of products 
and service s according to uniform 
classification systems; …  
 
(c) for entities in Annex  1, statistics, 
broken down by entity and by 
categories of products and services, 
on the number and total value of 
contracts awarded under each of 
the cases of Article  XV...; and  
 
(d) for entities in Annex  1, statistics, 
broken down by entities, on the 
number and total value of contracts 
awarded under derogations to the 
Agreement contained in the 
relevant Annexes; ...  . 
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) For Annex  2 and 3 procuring 
entities, the number and total value 
of contracts covered by this 
Agreement awarded by all such 
entities, broken down by Annex.  
 5. Each Party shall collect and provide to the 
Committee on an annual basis statistics on its 
procurements covered by this Agreement . Such 
reports shall  contain the following information with 
respect to contracts awarded by all procurement 
entities covered under this Agreement:  
 
(a) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value on a g lobal basis 
and broken down by categories of 
entities;  
 
(b) ... for entities in Annexes  2 and 3, 
statistics on the estimated value of 
contracts awarded above the 
threshold value broken down by 
categories of entities and categories 
of products and services;  
 
(c) ...for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
above the threshold value under 
each of the cases of Article  XV; and 
 
 (d) ... for categories of entities in 
Annexes  2 and 3, statistics on the 
total value of contracts awarded 
under derogations to the 
Agreement contained in the 
relevant Annexes.  
 
(c) Where data to be provided under 
subparagraph  [(a) and]EC,US,JPN (b) 
is not available, estimates shall be 
provided.  
  
 5. ... To the extent that such information is 
available, each Party shall provide statistics on the 
country of origin of products and services purchased 
by its entities . With a view to ensuring that such 
statistics are comparable, the Committee shall provide 
guidance on method s to be used . With a view to 
ensuring effective monitoring of procurement covered 
by this Agreement, the Committee may decide 
unanimously to modify the requirements of 
subparagraphs (a) through (d) as regards the nature 
and the extent of statistical inform ation to be provided 
and the breakdowns and classifications to be used.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
5. Where a Party publishes its statistics on an 
official website, the Party may substitute a notification 
of the website address for the submission of the data, 
with any instructions  necessary to access and use 
such statistics.  
 
6. Where a Party requires notices concerning 
awarded contracts, pursuant to Article  XII:2, to be 
published electronically and where such notices are 
accessible to the public through a single database in 
a form  permitting analysis of the covered contracts, 
the Party may substitute a notification of the website 
address for the submission of the data, with any 
instructions necessary to access and use such data.  
  
 
Article  XIII 
Non-Disclosure of Information  
  
Provision of Information to Parties  Article XIX  
Information and Review as Regards Obligations of 
Parties  
 
1. On request of any other Party, a Party shall 
provide promptly any information necessary to 
determine whether the procurement was conducted 
fairly, impartially and in accordance with this 
Agreement, including information on the 
characteristics and relative advantages of the 
successful tender.  [In cases where release of this 
information would prejudice competition in f uture 
tenders, t]EC [T]he Party that receives that 
information shall not disclose it to any supplier, 
except after consultation with, and agreement of, the 
Party that provided the information.  
 2. The government of an unsuccessful tenderer 
which is a Party  to this Agreement may seek, without 
prejudice to the provisions under Article  XXII, such 
additional information on the contract award as may 
be necessary to ensure that the procurement was 
made fairly and impartially.  To this end, the procuring 
government  shall provide information on both the 
characteristics and relative advantages of the 
winning tender and the contract price.  Normally this 
latter information may be disclosed by the 
government of the unsuccessful tenderer provided it 
exercises this right w ith discretion.  In cases where 
release of this information would prejudice 
competition in future tenders, this information shall 
not be disclosed except after consultation with and 
agreement of the Party which gave the information 
to the government of the unsuccessful tenderer.  
 
3. Available information concerning procurement 
by covered entities and their individual contract 
awards shall be provided, upon request, to any other 
Party.  
 GPA/TN1994/4/Rev.5  
 
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2. Notwithstanding any other provision of the 
Agreement, a Party or a procuring entity may not 
provide information to a particular supplier that might 
prejudice fair competition between suppliers.  
 Article VII  
2. Entities shall not provide to any supplier 
information with regard to a specific procurement in 
a manner which wo uld have the effect of precluding 
competition.  
 
 
Article XIV  
3. Entities shall treat tenders in confidence. In 
particular, they shall not provide information 
intended to assist particular participants to bring their 
tenders up to the level of other partici pants.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs  1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise be contrary to the public inte rest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
 
3. Nothing in this Agreement shall be construed 
to require a Party or procuring entity [or an authority 
or review body under 
Article  XVII [or XVIII]EC]EC,US,HKC,JPN to release 
[confidential]CDA,JPN information under this Agreement 
where release:  
 
(a) would impede law enforcement;  
 
(b) might prejudice fair competition 
between suppliers;  
 
(c) would prejudice the legitimate 
commercial interests, including the 
protection of intellectual property, 
of particular persons;  or 
 
(d) would otherwise be contrary to the 
public interest.  
 
[4. Information subject to paragraph 3 shall be 
made available to an aut hority or review body under 
Article XVII or a panel under Article XVIII where it is 
determined by the authority, review body or panel 
that such information is necessary for it to decide the 
outcome of a challenge or a dispute.  Any information 
subsequently made available pursuant to this 
paragraph shall be subject to procedures to ensure 
that its confidentiality is preserved.]EC  
 Article XIX  
4. Confidential information provided to any Party 
which would impede law enforcement or otherwise be 
contrary to the public interest or would prejudice the 
legitimate commercial interest of particular 
enterprises, public or private, or might prejudice fair 
competition between suppliers shall not be revealed 
without formal authorization from t he party providing 
the information.  
 
Article XVIII  
4. However, entities may decide that certain 
information on the contract award, contained in 
paragraphs 1 and 2(c), be withheld where release of 
such information would impede law enforcement or 
otherwise b e contrary to the public interest or would 
prejudice the legitimate commercial interest of 
particular enterprises, public or private, or might 
prejudice fair competition between suppliers.  
 
  GPA/TN1994/4/Rev.5  
 
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Article  XIV 
Developing Countries  
  
Article  V 
Special and Differential Treatment for Developing 
Countries  
1. In negotiations on accession to, and in the 
implementation and administration of, the 
Agreement, the Parties shall take special 
consideration of developing countries' and least -
developed countries' (collectively referred to 
hereafter as "developing countries", unless 
specifically identified otherwise) development, 
financial and trade needs and circumstances, 
recognizing that these may differ significantly from 
country to country.  In this context, the Parties shall 
give due consideration to requests by a developing 
country for transitional measures with regard to its 
market access commitments under paragraph  [2/3], 
as well as its imp lementation of the procedural 
obligations of the Agreement under paragraph  [4/6].  
[As provided for in this Article, the Parties shall accord 
special and differential treatment to:  
 
 (a) least-developed countries;  and 
 
 (b) any other developing country, 
where and to the extent that this 
special and differential treatment 
meets its development 
needs.]EC,HKC,NOR,SWI,KOR 
 Objectives  
 
1. Parties shall, in the implementation and 
administration of this Agreement, through the 
provisions set out in this Article, dul y take into 
account the development, financial and trade needs 
of developing countries, in particular least -developed 
countries, in their need to : ... 
 
 1. (a) safeguard their 
balance -of-payments position and 
ensure a level of reserves 
adequate for the implementation of 
programmes of economic 
development;  
 
 (b) promote the establishment or 
development of domestic 
industries including the 
development of small -scale and 
cottage industries in rural or 
backward areas ; and economic 
development of other sector s of the 
economy;  
 
(c) support industrial units so long as 
they are wholly or substantially 
dependent on government 
procurement ; and 
 
 (d) encourage their economic 
development through regional or 
global arrangements among 
developing countries presented to 
the Ministerial Conference of the 
World Trade Organization 
(hereinafter referred to as the 
"WTO") and not disapproved by it.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2./3. Based on its development needs, and with the 
agreement of the Parties, a developing country may, 
upon its accession to the Agreement, adopt or retain 
one or more of the following transitional measures, in 
accordance with a phase -out schedule, set out in an 
Annex to its Appendix  I, and in a manner that does 
not discriminate among the Parties:  
 
 (a) a price pref erence programme, 
provided that   the programme:  
 
(i) provides a preference only 
for the part of the tender 
incorporating goods or 
services originating in the 
developing country 
applying the preference or 
goods or services 
originating in other 
developing count ries that 
have preferential 
agreements with the 
developing country 
applying the preference;  
and 
 
(ii) is transparent, and the 
preference and its 
application in the 
procurement are clearly 
described in the notice of 
intended procurement and 
the notice invit ing 
suppliers to apply for 
participation in 
procurement covered by 
the Agreement;  
 Agreed Exclusions  
 
4. A developing country may negotiate with 
other participants in negotiations under this 
Agreement mutually acceptable exclusions from the 
rules on nation al treatment with respect to certain 
entities, products or services that are included in its 
coverage lists, having regard to the particular 
circumstances of each case.  In such negotiations, the 
considerations mentioned in subparagraphs  1(a) 
through 1(c) s hall be duly taken into account.  A 
developing country participating in regional or global 
arrangements among developing countries referred 
to in subparagraph  1(d) may also negotiate 
exclusions to its lists, having regard to the particular 
circumstances of each case, taking into account, 
inter alia, the provisions on government procurement 
provided for in the regional or global arrangements 
concerned and, in particular, products or services 
which may be subject to common industrial 
development programmes.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis to developing countries acceding to this  
Agreement after its entry into force.  
 
(b) an offset, provided that any 
requirement for, or consideration 
of, the imposition of the offset is 
clearly stated in the notice of 
intended procurement and the 
notice inviting suppliers to apply for 
participation in procurement 
covered by the Agreement;  
 Article XVI  
2. Nevertheless, having regard to general policy 
considerations, including those relating to 
development, a developing country may at the time 
of accession negotiate conditions for the use of 
offsets, such as requirements for the incorporation of 
domestic content.  Such requirements shall be used 
only for qualification to participate in the 
procurement process and not as criteria for awarding 
contracts.  Conditions shall be objective, clearly 
defined and non -discriminatory.  They shall be set 
forth in the country's Appendix I and may include 
precise limitations on the imposition of offsets in any 
contract subject to this Agreement.  The existence of 
such conditions shall be notified to the Committee 
and included in the notice of intended procurement 
and other documentation.  
 
(c) the phased -in addition of specific 
entities or sectors;  and  
(d) a transitional threshold that is 
higher than its permanent 
threshold.   GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
3./4. [Each Party shall provide immediately to the 
goods, services and suppliers of the developing 
country the most favourable treatment offered by that 
Party under Appendix  I upon acces sion of the 
developing country, subject to the coverage set out in 
the Party's Annexes or Notes to Appendix  I.]CDA,JPN,US 
Where the Parties have agreed to transitional 
measures [other than price preferences or 
offsets]EC,SWI under paragraph  [2/3] for a dev eloping 
country other than a least -developed country, any 
Party may limit the scope of coverage that the Party 
provides to that country during the application of the 
transitional measures in order to maintain an 
appropriate balance of opportunities under t he 
Agreement.  Any such limitations shall be clearly 
identified in the Committee's accession decision and 
in each Party's Annexes or Notes to Appendix  I. [NB: 
Norway and Hong Kong, China suggest to delete 
this paragraph because of paragraph 2. ] 
 Article V  
2. Consistently with the provisions of this 
Agreement, each Party shall, in the preparation and 
application of laws, regulations and procedures 
affecting government procurement, facilitate 
increased imports from developing countries, bearing 
in m ind the special problems of least -developed 
countries and of those countries at low stages of 
economic development.  
 
Coverage  
 
3. With a view to ensuring that developing 
countries are able to adhere to this Agreement on 
terms consistent with their developm ent, financial 
and trade needs, the objectives listed in paragraph  1 
shall be duly taken into account in the course of 
negotiations with respect to the procurement of 
developing countries to be covered by the provisions 
of this Agreement.  Developed countri es, in the 
preparation of their coverage lists under the 
provisions of this Agreement, shall endeavour to 
include entities procuring products and services of 
export interest to developing countries.  
 
Special Treatment for Least -Developed Countries  
 
12. Having regard to paragraph  6 of the Decision 
of the CONTRACTING PARTIES to GATT  1947 of 
28 November  1979 on Differential and More 
Favourable Treatment, Reciprocity and Fuller 
Participation of Developing Countries (BISD 
26S/203 -205), special treatment shall be  granted to 
least-developed country Parties and to the suppliers 
in those Parties with respect to products or services 
originating in those Parties, in the context of any 
general or specific measures in favour of developing 
country Parties.  A Party may als o grant the benefits 
of this Agreement to suppliers in least -developed 
countries which are not Parties, with respect to 
products or services originating in those countries.  
 
[5. The agreed -upon transition period shall not 
exceed 10  years for developing co untries and 
20 years for least -developed countries.]EC,SWI,KOR 
  
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
4./6. In order for a developing country to bring its 
measures into conformity with [Articles [ procedural 
articles ] of the]US,CDA[this]EC,NOR,SWI Agreement, it may, 
with the agreement of the Parties, apply a specified 
implementation period, which shall be:  
 
(a) for a least -developed country, 
[three] years upon its accession to 
the Agreement;  and 
 
(b) for any other developing country, 
the period necessary to adopt 
measures relating to the 
[specific]CDA,JPN,US provisions of the 
Agreement[,  
 
provided that the developing country complies with 
Article  III [( National treatment and  
Non-discrimination) ].US,JPN,EC,NOR,SWI [NB: Canada and 
the United States believe that the last phrase 
may not clearly describe what is expected of 
developing countries. ] 
  
5./7. Any developing country that has been 
permitted to apply an implementation period under 
paragraph [4/6] shall list in an Annex to its Appendix 
I the implementation period, and where applicable, 
specific procedural obligations and any interim 
measures that it will take with regard to those 
obligations.  
  
6./8. After the Agreement has entered into force for 
a developing country, the Commi ttee, on request of 
the developing country[, and with a three -fourths 
majority vote,]EC,NOR,SWI,KOR may: 
 (a) extend the transition period for 
measures permitted under 
paragraph  [2/3] or the 
implementation period permitted 
under paragraph  [4/6] where a 
developing country demonstrates a 
need for the extension;  or 
 
 (b) approve the application of new 
transitional measures that are set 
out in paragraph [2/3], in special 
circumstances unforeseen during 
the accession process.  
 Article V  
5. After entry into force of this Agreement, a 
developing country Party may modify its coverage 
lists in accordance with the provisions for 
modification of such lists contained in paragraph  6 of 
Article  XXIV, having regard to its development, 
financial and trade needs, or may  request the 
Committee on Government Procurement (hereinafter 
referred to as "the Committee") to grant exclusions 
from the rules on national treatment for certain 
entities, products or services that are included in its 
coverage lists, having regard to the particular 
circumstances of each case and taking duly into 
account the provisions of subparagraphs  1(a) 
through 1(c).  After entry into force of this 
Agreement, a developing country Party may also 
request the Committee to grant exclusions for certain 
entities, products or services that are included in its 
coverage lists in the light of its participation in 
regional or global arrangements among developing 
countries, having regard to the particular 
circumstances of each case and taking duly into 
account the pr ovisions of subparagraph  1(d). Each 
request to the Committee by a developing country 
Party relating to modification of a list shall be 
accompanied by documentation relevant to the 
request or by such information as may be necessary 
for consideration of the matter.  
 
6. Paragraphs 4 and 5 shall apply mutatis 
mutandis  to developing countries acceding to this 
Agreement after its entry into force.  
 GPA/TN1994/4/Rev.5  
 
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7./9. At the end of the transition period for 
measures permitted under paragraph [2/3], the 
implementation period permitted under paragraph 
[4/6], and any extensions permitted under paragraph 
[6/8], the developing country shall fully comply with 
the Agreement.   
8./10.  A developing country benefiting from a 
transitional measure provided for in paragraphs [2/3] 
or [6/8], or an implementation period provided for in 
paragraph [4/6], or any extension thereof under 
paragraph [6/8] shall take such steps as may be 
necessary to ensure the fulfilment of all of its 
obligations at the end of any such perio d. The 
developing country shall notify the Committee of such 
steps, including any special technical cooperation and 
capacity building needs.   
9./11.  During a developing country's accession 
process or after the entry into force of this Agreement 
for that c ountry, the Parties shall give due 
consideration to any request by such country for 
technical cooperation and capacity building in relation 
to that country's implementation of this Agreement.  
 Technical Assistance for Developing Country Parties  
 
8. Each de veloped country Party shall, upon 
request, provide all technical assistance which it may 
deem appropriate to developing country Parties in 
resolving their problems in the field of government 
procurement.  
 
9. This assistance, which shall be provided on the 
basis of non -discrimination among developing 
country Parties, shall relate, inter alia, to: 
 
 - the solution of particular technical 
problems relating to the award of a specific contract; 
and 
 
 - any other problem which the Party 
making the request and ano ther Party agree to deal 
with in the context of this assistance.  
 
10. Technical assistance referred to in 
paragraphs  8 and 9 would include translation of 
qualification documentation and tenders made by 
suppliers of developing country Parties into an official 
language of the WTO designated by the entity, unless 
developed country Parties deem translation to be 
burdensome, and in that case explanation shall be 
given to developing country Parties upon their 
request addressed either to the developed countr y 
Parties or to their entities.  
 
 
13. Each developed country Party shall, upon 
request, provide assistance which it may deem 
appropriate to potential tenderers in least -developed 
countries in submitting their tenders and selecting 
the products or services which are likely to be of 
interest to its entities as well as to suppliers in least -
developed countries, and likewise assist them to 
comply with technical regulations and standards 
relating to products or services which are the subject 
of the intended proc urement.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. During a developing country's accession 
process or after the entry into force of this 
Agreement for that country, the Parties shall give 
due consideration to any request by such country 
for technic al cooperation and capacity building in 
relation to that country's implementation of this 
Agreement.  
 Technical Assistance for Developing Country 
Parties  
 
8. Each developed country Party shall, upon 
request, provide all technical assistance which it 
may deem appropriate to developing country 
Parties in resolving their problems in the field of 
government procurement.  
 
9. This assistance, which shall be provided on 
the basis of non -discrimination among developing 
country Parties, shall relate, inter alia, to: 
 
 - the solution of particular technical 
problems relating to the award of a specific 
contract; and  
 
 - any other problem which the Party 
making the request and another Party agree to deal 
with in the context of this assistance.  
 
10. Technical assistanc e referred to in 
paragraphs  8 and 9 would include translation of 
qualification documentation and tenders made by 
suppliers of developing country Parties into an 
official language of the WTO designated by the 
entity, unless developed country Parties deem 
translation to be burdensome, and in that case 
explanation shall be given to developing country 
Parties upon their request addressed either to the 
developed country Parties or to their entities.  
 
13. Each developed country Party shall, upon 
request, provide assistance which it may deem 
appropriate to potential tenderers in 
least-developed countries in submitting their 
tenders and selecting the products or services 
which are likely to be of interest to its entities as 
well as to suppliers in least -developed countries, 
and likewise assist them to comply with technical 
regulations and standards relating to products or 
services which are the subject of the intended 
procurement.  
 GPA/TN1994/4/Rev.5  
 
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10./12.  The Committee shall review the 
operation and effectiveness of this Ar ticle every five 
years.  7. Such agreed exclusions as mentioned in 
paragraphs 4, 5 and 6 shall be subject to review in 
accordance with the provisions of paragraph  14 
below.  
 
Review  
 
14. The Committee shall review annually the 
operation and effectiveness of this Article and, after 
each three years of its operation on the basis of 
reports to be submitted by Parties, shall carry out 
a major review in order to evaluate its effects.  As 
part of the three -yearly reviews and with a view to 
achieving  the maximum implementation of the 
provisions of this Agreement, including in particular 
Article  III, and having regard to the development, 
financial and trade situation of the developing 
countries concerned, the Committee shall examine 
whether exclusions provided for in accordance with 
the provisions of paragraphs  4 through 6 of this 
Article shall be modified or extended.  
 
 15. In the course of further rounds of 
negotiations in accordance with the provisions of 
paragraph 7 of Article XXIV, each developing  
country Party shall give consideration to the 
possibility of enlarging its coverage lists, having 
regard to its economic, financial and trade 
situation.  
 
Article  XV 
Exceptions to the Agreement  
  
Article  XXIII 
Exceptions to the Agreement  
 
1. Nothing in this Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information that it considers 
necessary for the protection of its essential security 
interests relating to the procurement of arms, 
ammunition or  war materials, or to procurement 
indispensable for national security or for national 
defence purposes.  
 1. Nothing in this Agreement shall be construed 
to prevent any Party from taking any action or not 
disclosing any information which it considers 
necess ary for the protection of its essential security 
interests relating to the procurement of arms, 
ammunition or war materials, or to procurement 
indispensable for national security or for national 
defence purposes.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Subject to the requirement that 
such me asures are not applied in a manner that 
would constitute a means of arbitrary or 
unjustifiable discrimination between Parties where 
the same conditions prevail or a disguised 
restriction on international trade, nothing in this 
Agreement shall be construed to prevent any Party 
from imposing or enforcing measures:  
 
(a) necessary to protect public 
morals, order or safety;  
 
(b) necessary to protect human, 
animal or plant life or health;  
 
(c) necessary to protect intellectual 
property ; or 
 
(d) relating to goods or services of 
handicapped persons, of 
philanthropic institutions or of 
prison labour.  
 
[3. The Parties understand that paragraph  2(b) 
includes environmental measures necessary to 
protect human, animal or plant life or health]CDA,US 
[or natural resources].CT]US,CDA,CT  
 2. Subject to the requirement that such 
measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable 
discrimination between countries where the same 
conditions prevail or a disgui sed restriction on 
international trade, nothing in this Agreement shall 
be construed to prevent any Party from imposing 
or enforcing measures : necessary to protect public 
morals, order or safety, human, animal or plant life 
or health or intellectual proper ty; or relating to the 
products or services of handicapped persons, of 
philanthropic institutions or of prison labour.  
[4. [Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect t o 
untying of such aid, this Agreement does not apply 
to procurement made in furtherance of tied aid to 
developing countries so long as it is practised by 
Parties.]SWI,JPN,KO R,CDA,US.  [NB: Location needs to be 
reconsidered . Norway proposes to delete this 
paragraph. ] [Market Access Issue ] 
 Notes  
 
Article  1, paragraph  1 
 
 Having regard to general policy 
considerations relating to tied aid, including the 
objective of developing countries with respect to 
the untying of such aid, this Agreement does not 
apply to procurement made in furtherance of tied 
aid to developing countries so long as it is practised 
by Parties.  
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
[Article  XVI 
Modifications and Rectifications to Coverage  
[NB: Parties are still reflecting upon this draft 
Article.]  
  
 
Notification of Proposed Modification  
 
1. A Party shall notify the Committee of any 
proposed rectification, transfer of an entity from one 
Annex to another, withdrawal of an entity, or other 
modification (referred to generally in this Article as 
"modification") of Appendices I through IV . The Party 
proposing the modification ("modifying Party") shall 
include in the notification:  
 
(a) for any proposed withdrawal of an 
entity from Appendix I in exercise 
of its rights on the grounds that 
government control or influence 
over it has been effectively 
eliminated, [including by virtue of 
liberalization,]EC evidence that such 
government control or influence 
has been effectively eliminated, 
including information that  
addresses, as appropriate, the 
indicative criteria developed by the 
Committee in accordance with 
paragraph  91; or 
 
(b) for any other proposed 
modification, information as to the 
likely consequences of the change 
for the mutually agreed coverage 
provided i n this Agreement.  
 
Footnote  
 
1. The Parties will agree upon the indicative 
criteria before the conclusion of the GPA 
review/negotiations.  
 Article XXIV  
6. Rectifications or Modifications  
(a) Rectifications, transfers of an entity from one 
Annex to another or, in exceptional cases, other 
modifications relating to Appendices I through IV 
shall be notified to the Committee, along with 
information as to the likely consequences of the 
change for the mutually agreed coverage provided in 
this Agreement. .. . 
(b) Where a Party wishes, in exercise of its rights, 
to withdraw an entity from Appendix I on the grounds 
that government control or influence over it has been 
effectively eliminated, that Party shall notify the 
Committee. …  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Objection to Notification  
 
2. A Party whose rights under this Agreement 
may be affected by[, or who has a systemic interest 
relating to,]CDA a proposed modification notified under 
paragraph  1 shall notify the Committee of any 
objection to the proposed modification within 
45 days.  The notification shall set out reasons for the 
objection.  The modifying Party and the objecting 
Party shall seek to resolve the objection through 
consultations.  
 
3. In such consultations, the Parties concerned 
shall consider the proposed modification and, in the 
case of a notification under paragraph  1(b), any claim 
for compensatory adjustments, with a view to 
maintaining a balance of rights and obligations and a 
comparable level of mutually agreed coverage 
provided in this Agreement prior  to such notification.  
If the modifying Party and the objecting Party are able 
to resolve the objection through consultations, and 
the modifying Party revises its proposed modification 
as a result of those consultations, the modifying Party 
shall notify th e Committee in accordance with 
paragraph 1, and any such revised modification shall 
only be effective after fulfilling the requirements of 
this Article.  
 6. Rectifications or Modifications  
 
(a) ... The Committee shall consider the 
proposal and any claim for compensatory 
adjustments, with a view to maintaining a 
balance of rights and obligations and a 
comparable level of mutually agreed 
coverage provided in this Agreement prior 
to such notification.  
 
Arbitration  
 
4. If the modifying Party and an objecting Party 
are unable to reach agreement within 120  days from 
the end of the objection period in paragraph  2, or at 
any earlier date agreed by the Parties, the modifying 
Party or any objecting Party may refer the matter to 
arbitration, by notifying th e Committee.  [Any affected 
Party having submitted an objection and wishing to 
enforce a right to compensation must refer the matter 
to arbitration.]EC 
 
[5. Arbitration pursuant to this Article shall be the 
exclusive means to resolve any 
[dispute][disagreem ent] arising with respect to the 
conformity of a proposed modification with this 
Article, the level of compensatory adjustment 
necessary to maintain the balance of rights and 
obligations and a comparable mutually agreed 
coverage provided in this Agreement consequent 
upon a modification made pursuant to this Article, or 
the withdrawal of substantially equivalent benefits 
pursuant to paragraph [9].]ISR 
 
6. Where more than one party requests 
arbitration, those parties shall join those arbitrations 
into a singl e arbitration, unless a single arbitration is 
[inappropriate] [impracticable].NOR 
 6. Rectifications or Modifications  
 
(a)  ... In the event of agreement not being 
reached, the matter may be pursued in 
accordance with the provisions contained in 
Article XX II. 
 
(b) … In the event of an objection, the matter 
may be pursued in accordance with the procedures 
on consultations and dispute settlement contained in 
Article  XXII. In considering the proposed modification 
to Appendix I and any consequential compensatory 
adjustment, allowance shall be made for the market -
opening effects of the removal of government control 
or influence.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
7. Any party having a substantial interest in a 
matter brought to arbitration and having notified its 
interes t to the Committee (referred to hereafter as 
"third party") shall have an opportunity to be heard 
by the arbitrator and to make written submissions to 
the arbitrator.  These submissions shall also be given 
to the parties to the arbitration and shall be refl ected 
in the arbitration report.  
 
8. The arbitrator shall determine:  
 
 (a) in the case of a proposed 
withdrawal under paragraph  1(a), 
whether government control or 
influence over the entity proposed 
to be withdrawn has been 
effectively eliminated;  and 
 
 (b) in the case of any other proposed 
modification, whether the proposed 
modification would result in a level 
of coverage comparable to, or 
greater than, the level of mutually 
agreed coverage provided in the 
Agreement and would otherwise 
maintain the balan ce of rights and 
obligations under the Agreement.  If 
the arbitrator determines that the 
level of coverage is not comparable, 
it shall also determine the 
appropriate level of compensatory 
adjustments.  
 
9. The modifying Party shall submit to the 
arbitrator p rima facie evidence in support of its 
proposed modification.  
 
10. The arbitrator shall issue a reasoned 
determination to the Parties to the arbitration and to 
the Committee, within 90 days of the appointment of 
the arbitrator.  
 
[11. Any party to the arbitr ation may lodge an 
appeal to the Appellate Body exclusively in respect of 
issues of law or legal interpretation developed by the 
arbitrator within 30 days of the circulation of the 
determination to the Committee.  The provisions of the 
DSU on appeal shall a pply mutatis mutandis  to an 
appeal brought under this provision.  The arbitrator's 
report, as modified by the Appellate Body, shall be 
promptly circulated to the Committee.]EC,ISR [NB: The 
United States supports the concept of appeal, 
but believes that the language needs further 
consideration.]  
  
Implementation  
 
12. A proposed modification shall become effective 
only where:  
 
 (a) no Party submits to the Committee a 
written objection to the proposed 
modification within 45  days after 6. Rectifications or Modifications  
 
(a) ... If the rectifications, transfers or other 
modifications are of a purely formal or minor nature, 
they shall become effective provided there is no 
objection within 30  days. ...  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
circulation of the notification of the 
proposed modification to the Parties 
to the Agreement under paragraph 
1; 
 
 (b) each objecting Party has notified the 
Committee that it withdraws its 
objection to the proposed 
modification;  
 
 (c) no Party refers the ma tter to 
arbitration within 120 days from the 
end of the objection period in 
paragraph 2;  or 
 
 (d) an arbitrator has determined that:  
 
(i) in the case of a proposed 
withdrawal under 
paragraph 1(a), 
government  control or 
influence over the entity 
has been e ffectively 
eliminated;  
 
[(ii) in the case of a proposed 
withdrawal under 
paragraph 1(a), 
government control or 
influence has not been 
effectively eliminated and 
satisfactory compensatory 
adjustment has been 
offered by the modifying 
Party;]EC or 
 
(iii) in the case of any other 
proposed modification, the 
proposed modification 
would result in a level of 
coverage comparable to the 
level of mutually agreed 
coverage provided in the 
Agreement and would 
otherwise maintain the 
balance of rights and 
obligations unde r the 
Agreement.  
 
[13. Pursuant to subparagraph 10(d)(ii), where an 
arbitrator determines that government control or 
influence has not been effectively eliminated, the 
modifying Party may request the arbitrator to 
determine the level of compensatory adjust ment 
which would result in a level of coverage comparable 
to the level of mutually agreed coverage provided in 
the Agreement.  Any party that has participated in the 
original arbitration will be invited to participate in such 
an arbitration.  The arbitrator shall issue a reasoned 
determination to the Parties to the arbitration and to 
the Chairman of the Committee, within 60  days of the 
request.]EC 
  
(b) ... Such modification shall become effective 
the day after the end of the following meeting of the 
Committee, pr ovided that the meeting is no sooner 
than 30  days from the date of notification and no 
objection has been made. ...  
 GPA/TN1994/4/Rev.5  
 
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[If in the case of a proposed withdrawal under 
paragraph  1(a), an arbitrator determines that 
government control or influence has not been 
effectively eliminated, the modification shall become 
effective only where the parties to the arbitration 
agree on compensatory adjustments.  Where the 
modifying Party offers compensation, but there is 
disagreement as to the level of compensatory 
adjustment which would result in a level of coverage 
comparable to the level of mutually agreed coverage 
provided in the Agreement, any party to the original 
arbitration may request the arbitrator to determine 
the level of compensatory adju stment.  The arbitrator 
shall issue a reasoned determination to the Parties to 
the arbitration and to the Chairman of the Committee, 
within 60  days of the request.]NOR 
 
Committee Responsibilities  
 
14. The Committee shall develop working 
procedures for arbitrations under this Article, criteria 
that indicate the effective elimination of government 
control or influence over an entity, and criteria that 
indicate how to determine the level of compensatory 
adjustment to be offered for modifications made 
pursuant to this provision.  
 6. Rectifications or Mo difications  
 
(a) ... In other cases, the Chairman of the 
Committee shall promptly convene a 
meeting of the Committee. ...  
 
(b) ... Such modification shall become effective 
the day after the end of the following 
meeting of the Committee, provided that 
the m eeting is no sooner than 30 days from 
the date of notification and no objection has 
been made. ...  
 
 
Article  XVII  
Domestic Review of Supplier Challenges  
  
Article XX  
Challenge Procedures  
1. Each Party shall provide timely, effective, 
transparent and non -discriminatory means for a 
supplier to challenge an alleged [failure to 
[properly]US apply]US,CDA [alleged failures of its 
procuring entities to comply with the Party's 
procedures governing covered procurements]US 
[breach of]EC this Agr eement arising in the context of 
a covered procurement, in which it has, or has had, 
an interest.  The procedural rules for all  challenges 
shall be in writing and made generally available.  
 Challenge  
 
2. Each Party shall provide non -discriminatory, 
timely, transparent and effective procedures enabling 
suppliers to challenge alleged breaches of the 
Agreement arising in the context of procurements in 
which they have, or have had, an interest.  
 
3. Each Party shall provide its challenge 
procedures in writing and make them generally 
available.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. In the event of a complaint  by a supplier 
[relating to]US,CDA [that there has been a breach of this 
Agreement arising in the context of]EC a covered  
procurement in which the supplier has, or has had, an 
interest, each Party shall encourage the procuring 
entity and supplier to seek resolution of the 
[complaint][challenge] through consultations . The 
procuring entity shall accord impartial and timely 
consideration to any such complaint in a manner th at 
is prejudicial neither to the supplier's participation in 
ongoing or future procurement nor to the supplier's 
rights to seek corrective measures under the 
challenge system.  
 Consultations  
 
1. In the event of a complaint by a supplier that 
there has been  a breach of this Agreement in the 
context of a procurement, each Party shall encourage 
the supplier to seek resolution of its complaint in 
consultation with the procuring entity . In such 
instances the procuring entity shall accord impartial 
and timely con sideration to any such complaint, in a 
manner that is not prejudicial to obtaining corrective 
measures under the challenge system.  
 
3. Each supplier shall be allowed a sufficient 
period of time to prepare and submit a challenge, 
which in no case shall be less than 10  days from the 
time when the basis of the challenge became known 
or reasonably should have become known to the 
supplier [but in no case later than 30 days after the 
procuring entity has informed the participating 
suppliers of the decis ion on contract award]HKC,CT. 
 5. The interested supplier may be required to 
initiate a challenge procedure and notify the 
procuring entity within specified time -limits from the 
time when the basis of the complaint is known or 
reasonably should have been k nown, but in no case 
within a period of less than 10 days.  
 
4. Each Party shall establish or designate at least 
one impartial administrative or judicial authority that 
is independent of its procuring entities to receive and 
review challenges  of suppliers arising in the context 
of a covered procurement. 
 
5. Where a body other than an authority referred 
to in paragraph  4 initially reviews a challenge, the 
Party shall ensure that the supplier may appeal the 
initial decision to an impartial administrative or 
judicial authority that is independent of the procuring 
entity that is the subject of a challenge.  
 6. Challenges shall be heard by a court or by an 
impartial and independent review body with no 
interest in the outcome of the procurement and the 
members of which are secure from external influence 
during the term of appointment...  
 
6. A review body that is not a court shall either 
be subject to judicial review or shall have procedures 
which provide that:  
 6. ... A review body which is not a court shall 
either be subject to judicial review or shall have 
procedures which provide that:  
 
(a) the procuring entity shall respond in 
writing to the challenge and 
disclose all relevant documents to 
the review body;  
  (g) documents are disclosed to the 
review body.  
 
 (e) opinions or decisions are given 
in writing with a statement 
describing the basis for the 
opinions or decisions;  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(b) the participants to the proceedings 
shall have the right to be heard 
prior to a decision of the review 
body being made on the challenge;  
  (a) participants can be heard before 
an opinion is given or a decision is 
reached;  
 
(c) the participants to the proceedings 
shall have the right to be 
represented and accompanied;  
  (b) participants can be represented 
and accompanied;  
 
(d) the participants to the proceedings 
shall have access to all 
proceedings[, subject to 
Article  XIII (Disclosure of 
Information)]HKC; 
  (c) participants shall have access to 
all proceedings;  
 
(e) the participants to the proceedings 
shall have the right to request that 
the proceedings take place in 
public[, subject to 
Article  XIII (Disclosure of 
Information),]JPN and that witnesses 
may be presented ; and 
  (d) proceedings can take place in 
public;  
 
(f) decisions or recommendations 
relating to supplier challenges shall 
be provided, in a timely fashion, in 
writing, with an explanation of the 
basis for each decision or 
recommendation.  
  (f) witnesses can be presented;  
 
7. Each Party shall adopt or maintain procedures 
that provide for:  
 7. Challenge procedures shall provide for:  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(a) rapid interim measures to preserve 
the supplier's opportunity to 
participate in the procurement.  
Such interim measures may result 
in suspension of the procurement 
process.  Howev er, procedures may 
provide that overriding adverse 
consequences for the interests 
concerned, including the public 
interest, may be taken into account 
when deciding whether such 
measures should be applied.  In 
such circumstances, just cause for 
not acting sh all be provided in 
writing;  and 
  (a) rapid interim measures to correct 
breaches of the Agreement and to 
preserve commercial 
opportunities . Such action may 
result in suspension of the 
procurement process . However, 
procedures may provide that 
overriding adverse consequences 
for the interests concerned, 
including the public interest, may 
be taken into account in deciding 
whether such measures should be 
applied . In such circumstances, 
just cause for not acting shall be 
provided in writing;  
 
  (b) an assessment and a possibility for 
a decision on the justification of the 
challenge;  
 
(b) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to [either the]HKC 
costs for the preparation of the 
tender or [the costs for the]HKC 
challenge.  
  (c) correction of the breach of the 
Agreement or compensation for the 
loss or damages suffered, which 
may be limited to costs for tender 
preparation or protest.  
 
 8. With a vi ew to the preservation of the 
commercial and other interests involved, the 
challenge procedure shall normally be completed in a 
timely fashion.  
 
 
Article  XVIII  
Consultations and Dispute Settlement  
  
Article XXII  
Consultations and Dispute Settlement  
 
[1. Each Party shall accord sympathetic 
consideration to, and shall afford adequate 
opportunity for consultation regarding, such 
representations as may be made by another Party 
with respect to any matter affecting the operation of 
this Agreeme nt.]US,EC 
 2. ... Any Party thus approached shall give 
sympathetic consideration to the representations or 
proposals made to it.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
1./2. Where any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullified or impaired, or that the 
attainment of any objective of this Agreement is being 
impeded as the result of the failure of another Party 
or Parties to carry out its obligations under this 
Agreement[, or the application by another Party or 
Parties of  any measure, whether or not it conflicts 
with the provisions of this Agreement,]CDA,JPN,KOR,US it 
may with a view to reaching a mutually satisfactory 
resolution of the matter, [have recourse to the 
provisions of the Understanding on Rules and 
Procedures G overning the Settlement of Disputes 
(hereinafter "the Dispute Settlement 
Understanding")]EC,JPN,NOR,CT,US [request 
consultations].CDA 
 2. If any Party considers that any benefit 
accruing to it, directly or indirectly, under this 
Agreement is being nullifie d or impaired, or that the 
attainment of any objective of this Agreement is 
being impeded as the result of the failure of another 
Party or Parties to carry out its obligations under this 
Agreement, or the application by another Party or 
Parties of any meas ure, whether or not it conflicts 
with the provisions of this Agreement, it may with a 
view to reaching a mutually satisfactory resolution of 
the matter, make written representations or 
proposals to the other Party or Parties which it 
considers to be concer ned. Such action shall be 
promptly notified to the Dispute Settlement Body 
established under the Dispute Settlement 
Understanding (hereinafter referred to as "DSB"), as 
specified below.  ... 
 
[3. The Dispute Settlement Understanding applies 
to consultations and the settlement of disputes under 
this Agreement, with the following modifications:  
 1. The provisions of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes 
under the WTO Agreement (hereinafter referred to as 
the "Dispute Settlement Understanding") shall be 
applicable except as otherwise specifically provided 
below.  
 
(a) [other Parties to the Agreement with 
a substantial trade interest in the 
consultations may request to be 
joined in the consultations;  
 
(b)]EC in the case of a dispute in which 
provisions both of this Agreement 
and of one or more other 
Agreements listed in Appendix  1 of 
the Dispute Settlement 
Understanding are invoked by one of 
the parties to the dispute, only 
Members of the WTO that are Party 
to this Agreement may participate in 
deliberations, decisions or actions of 
the Dispute Settlement Body with 
respect to those parts of the dispute 
concerning this Agreement ; 
 3. The DSB shall have the authority to establish 
panels, adopt panel and Appellate Body reports, 
make recommendations or give rulings on the 
matter, maintain surveillance of implementation of 
rulings and recommendations, and authorize 
suspension of concessions and other obligations 
under this Agreement or consultations regarding 
remedies  when withdrawal of measures found to be 
in contravention of the Agreement is not possible, 
provided that only Members of the WTO Party to this 
Agreement shall participate in decisions or actions 
taken by the DSB with respect to disputes under this 
Agreeme nt. 
 
 
(c) [each panel established by the 
Dispute Settlement Body to 
examine disputes under this 
Agreement should include at least 
one person qualified in the area of 
government procurement, unless 
Parties agree otherwise ; 
 5. Panels established by the DSB to examine 
disputes under this Agreement should include 
persons qualified in the area of government 
procurement.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
(d)]US,CDA,JPN disputes concerning the award 
of a specific procurement shall be 
considered "cases of urgency" 
under paragraphs  8 and 9 of  
Article  4 of the Dispute Settlement 
Understanding[ ; and 
 6. Every effort shall be made to accelerate the 
proceedings to the greatest extent possible. 
Notwithstanding the provisions of paragraphs 8 and 
9 of Article 12 of the Dispute Settlement 
Understanding, the panel shall attempt to provide its 
final report to the parties to the dispute not later than 
four months, and in case of delay not later than seven 
months, after the date on which the composition and 
terms of reference of the panel are a greed. 
Consequently, every effort shall be made to reduce 
also the periods foreseen in paragraph 1 of Article 20 
and paragraph 4 of Article 21 of the Dispute 
Settlement Understanding by two months. Moreover, 
notwithstanding the provisions of paragraph 5 of  
Article 21 of the Dispute Settlement Understanding, 
the panel shall attempt to issue its decision, in case 
of a disagreement as to the existence or consistency 
with a covered Agreement of measures taken to 
comply with the recommendations and rulings, with in 
60 days.  
 
 (e) notwithstanding 
paragraph  2 of Article  22 of the 
Dispute Settlement Understanding, 
any dispute arising under any 
Agreement listed in Appendix  1 to 
the Dispute Settlement 
Understanding other than this 
Agreement shall not result in the 
suspension of concessions or other 
obligations under this Agreement, 
and any dispute arising under this 
Agreement shall not result in the 
suspension of concessions or other 
obligations under any other 
Agreement listed in the said 
Appendix  1]US,ISR,JPN,CDA.]US,EC 
 7. Notwithstanding paragraph  2 of Article  22 
of the Dispute Settlement Understanding, any 
dispute arising under any Agreement listed in 
Appendix  1 to the Dispute Settlement Understanding 
other than this Agreement shall not result in the 
suspension of concessions or other obligations under 
this Agreement, and any dispute arising under this 
Agreement shall not result in the suspension of 
concessions or other obligations under any other 
Agreement listed in the said Appendix  1. 
 
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
[4. (a) In the communication referred to in 
Article  [21.3] of the DSU, the Party 
concerned shall inform the DSB 
whether it is possible to bring the 
measures found to be inconsistent 
with this Agreement into conformity 
with the Agreement.  If the Party 
concerned indicates that it is not 
possible to bring the measures 
found to be inconsistent with this 
Agreement into conformity with the 
Agreement that Party shall, 
immediately after having made that 
communication, enter into 
consultations with a view to 
developing mutually acceptable 
compensation.  
 
(b) Any Party which has entered into 
such consultations may at any time 
request an arbitration to determine 
the level of nullification or 
impairment that was caused by the 
measure found to be inconsistent 
with this Agreement.  
 
(c) Unless a request for arbitration has 
been made, the Party concerned 
shall, within 30  days from the 
request for consultations, submit to 
all Parties who have entered into 
such consultations, a propo sal for 
mutually acceptable compensation.  
 
(d) When arbitration has been 
requested, the Party concerned 
shall submit such a proposal within 
30 days of the award of the 
arbitrator.  Any such proposal shall 
be consistent with the award of the 
arbitrator.  
 
(e) Such arbitration shall be carried out 
by the original panel, if members 
are available, or by an arbitrator, 
which term shall be interpreted as 
referring to an individual or a group, 
appointed by the Director -General 
and shall be completed within 
60 days a fter the request for 
arbitration.  
 
(f) If no proposal for compensation has 
been submitted within the periods 
referred to in 
subparagraphs  (c) or (d), or if no 
agreement has been reached within 
60 days from the submission of the 
later of:  
 
(i) a proposal fo r mutually 
acceptable compensation;  
or 
 
(ii) such a proposal made 
subsequent to an 
arbitration award;  3. The DSB shall have the authority to establish 
panels, adopt panel and Appellate Body reports, 
make recommendations or give rulings on the 
matter, maintain sur veillance of implementation of 
rulings and recommendations, and authorize 
suspension of concessions and other obligations 
under this Agreement or consultations regarding 
remedies when withdrawal of measures found to be 
in contravention of the Agreement is not possible, 
provided that only Members of the WTO Party to this 
Agreement shall participate in decisions or actions 
taken by the DSB with respect to disputes under this 
Agreement.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
 
the complaining Party shall be entitled to request 
authorization from the DSB to suspend the application 
to the Party concerned of concessions and other 
obligations under the covered agreements that is 
appropriate in light of the level of nullification or 
impairment that was caused by the measure.]EC 
 
[The Dispute Settlement Body shall have the 
authority to authorize consultations regarding 
remedies when withdrawal of measures found to be 
in contravention of the Agreement is not possible.]US 
 
 4. Panels shall have the following terms of 
reference unless the parties to the dispute agree 
otherwise within 20 days of the establishment of the 
panel:  
 
"To examine, in the light of the relevant 
provisions of this Agreement and of (name of 
any other covered Agreement cited by the 
parties to the dispute), the matter re ferred to 
the DSB by (name of party) in document ... and 
to make such findings as will assist the DSB in 
making the recommendations or in giving the 
rulings provided for in this Agreement."  
 
In the case of a dispute in which provisions both of 
this Agreeme nt and of one or more other Agreements 
listed in Appendix  1 of the Dispute Settlement 
Understanding are invoked by one of the parties to 
the dispute, paragraph 3 shall apply only to those 
parts of the panel report concerning the 
interpretation and applicat ion of this Agreement.  
 
 
Article  XIX 
Institutions  
  
Article XXI  
Institutions  
Committee on Government Procurement  
  
1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established . This Committee shall elect its 
own Chairman and shall meet as necessary, but not 
less than once  a year, for the purpose of affording 
Parties the opportunity to consult on any matters 
relating to the operation of this Agreement or the 
furtherance of its objectiv es, and to carry out such 
other responsibilities as may be assigned to it by the 
Parties.  
 1. A Committee on Government Procurement 
composed of representatives from each of the Parties 
shall be established . This Committee shall elect its own 
Chairman and V ice-Chairman and shall meet as 
necessary but not less than once a year for the 
purpose of affording Parties the opportunity to consult 
on any matters relating to the operation of this 
Agreement or the furtherance of its objectives, and to 
carry out such ot her responsibilities as may be 
assigned to it by the Parties.  
2. The Committee may establish working parties 
or other subsidiary bodies that shall carry out such 
functions as may be given to them by the Committee.  
 2. The Committee may establish working p arties 
or other subsidiary bodies which shall carry out such 
functions as may be given to them by the Committee.  
  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Observers  
  
 Article  XVII 
Transparency  
 
1. Each Party shall encourage entities to indicate 
the terms and conditions, including any deviations 
from competitive tendering procedures or access to 
challenge procedures, under which tenders will be 
entertained from suppliers situated in countries not 
Parties to this Agreement but which, with a view to 
creating transparency in their own contract awards, 
nevertheless:  
 
(a) specify their contracts in 
accordance with Article  VI 
(technical specifications);  
 
(b) publish the procurement notices 
referred to in Article  IX, including, 
in the version of the notice referred 
to in paragraph  8 of Article  IX 
(summary of the notice of intended 
procurement) which is published in 
an official language of the WTO, an 
indication of the terms and 
conditions under which tenders 
shall be entertained from su ppliers 
situated in countries Parties to this 
Agreement;  
 
(c) are willing to ensure that their 
procurement regulations shall not 
normally change during a 
procurement and, in the event that 
such change proves unavoidable, 
to ensure the availability of a 
satisfactory means of redress.  
 
3. Any WTO Member that is not a Party to this 
Agreement shall be entitled to participate in the 
Committee as an observer upon submission of a 
written notice to the Secretariat . Any WTO observer 
may submit a written request to the Secretariat to 
participate in the Committee as an observer, and may 
be accorded observer status by the Committee.  
 2. Governments not Parties to the Agreement 
which comply with the conditions specified in 
paragraphs 1(a) through 1(c), shall be entitled  if they 
so inform the Parties to participate in the Committee 
as observers.  
 
  GPA/TN1994/4/Rev.5  
 
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Article  XX 
Final Provisions  
  
Article  XXIV 
Final Provisions  
Acceptance and Entry into Force  
 
1. This Agreement shall enter force 
on [] for those WTO Members whose agreed coverage 
is set out in Annexes  1 through  5 of Appendix  I, and 
which have, by signature, accepted this Agreement 
on [], or have, by or on that date, signed the 
Agreement subject to ratification and have 
subsequ ently ratified the Agreement before  []. 
 1. Acceptance and Entry into Force  
 
This Agreement shall enter into force on 
1 January  1996 for those governments8 whose agreed 
coverage is contained in Annexes 1 through 5 of 
Appendix I of this Agreement and which have, by 
signature, accepted the Agreement on 1 5 April 1994 
or have, by that date, signed the Agreement subject 
to ratification and subsequently ratified t he Agreement 
before 1 January  1996. 
 
Footnote  
8. For the purpose of this Agreement, the term 
"government" is deemed to include the competent 
authorities of the European Communities.  
 
  
Transitional Arrangements  
 Article XXIV  
3. Transitional Arrangements  
 
 (a) Hong Kong and Korea may delay 
application of the provisions of this 
Agreement, except Articles  XXI 
and XXII, to a date not later than 
1 January  1997. T he 
commencement date of their 
application of the provisions, if 
prior to 1  January  1997, shall be 
notified to the Director -General of 
the WTO 30 days in advance.  
 
 (b) During the period between the date 
of entry into force of this Agreement 
and the date of  its application by 
Hong Kong, the rights and 
obligations between Hong Kong and 
all other Parties to this Agreement 
which were on 15  April 1994 Parties 
to the Agreement on Government 
Procurement done at Geneva on 
12 April 1979 as amended on 
2 February  1987 (the "1988 
Agreement") shall be governed by 
the substantive provisions of the 
1988 Agreement, including its 
Annexes as modified or rectified, 
which provisions are incorporated 
herein by reference for that purpose 
and shall remain in force until 
31 Decembe r 1996.  
 
Footnote  
9. All provisions of the 1988 Agreement except 
the Preamble, Article  VII and Article  IX other than 
paragraphs 5(a) and (b) and paragraph 10.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
2. Between the Parties to this 
Agreement that are also Parties to the Agreement on 
Government Procurement dated 15  April 1994 
("1994  Agreement"), the 1994  Agreement shall cease 
to apply . When all Parties to the 1994  Agreement 
have accepted this Agreement, the  1994 Agreement 
shall be terminated.  
 Article XXIV  
3. (c) Between Parties to this Agreement 
which are also Parties to the 1988 
Agreement, the rights and 
obligations of this Agreement shall 
supersede those under the 1988 
Agreement.  
 
 (d) Article  XXII shall not enter into 
force until the date of entry into 
force of the WTO Agreement . Until 
such time, the provisions of 
Article  VII of the 1988 Agreement 
shall apply to consultations and 
dispute settlement under this 
Agreement, which provisions  are 
hereby incorporated in the 
Agreement by reference for that 
purpose . These provisions shall be 
applied under the auspices of the 
Committee under this Agreement.  
 
(e) Prior to the date of entry into force 
of the WTO Agreement, references 
to WTO bodies s hall be construed 
as referring to the corresponding 
GATT body and references to the 
Director -General of the WTO and to 
the WTO Secretariat shall be 
construed as references to, 
respectively, the Director -General 
to the CONTRACTING PARTIES to 
GATT 1947 and t o the GATT 
Secretariat.  
Accession  
 
3. Any Member of the WTO that is not 
a Party to this Agreement may accede to this 
Agreement on terms to be agreed between that 
Member and the Parties . Accession shall take place by 
deposit with the Director -General of the WTO of an 
instrument of accession that states the terms so 
agreed . This Agreement shall enter into force for an 
acceding Member on the 30th day following the date 
of its accession to this Agreement.  
 2. Accession   
 
Any government which is a  Member of the WTO, or 
prior to the date of entry into force of the WTO 
Agreement which is a contracting party to GATT  1947, 
and which is not a Party to this Agreement may accede 
to this Agreement on terms to be agreed between that 
government and the Parti es. Accession shall take place 
by deposit with the Director -General of the WTO of an 
instrument of accession which states the terms so 
agreed . The Agreement shall enter into force for an 
acceding government on the 30th day following the 
date of its accessi on to the Agreement.  
 
Reservations  
 
4. No Party may enter any reservation in respect 
of any provisions of this Agreement.  
 4. Reservations  
 
Reservations may not be entered in respect of any of 
the provisions of this Agreement.  GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
National Legislation  
 
5. Each Party shall ensure, not later than the date 
of entry into force of this Agreement for it, the 
conformity of its laws, regulations and administrative 
procedures, and the rules, procedures and practices 
applied by its procuring entities, with the provisions 
of this Agreement.  
 5. National  Legislation  
 
 (a) Each government accepting or 
acceding to this Agreement shall 
ensure, not later than the date of 
entry into force of this Agreement 
for it, the conformity of its laws, 
regulati ons and administrative 
procedures, and the rules, 
procedures and practices applied by 
the entities contained in its lists 
annexed hereto, with the provisions 
of this Agreement.  
 
6. Each Party shall inform the Committee of any 
changes in its laws and regulations relevant to this 
Agreement and in the administration of such laws and 
regulations.  
  (b) Each Party shall inform the 
Committee of any changes in its 
laws and regulations relevant to this 
Agreement and in the 
administration of such laws and 
regulations.  
 
Reports and Future Work  
 
7. The Committee shall annually inform the 
General Council of the WTO of developments relating 
to the implementation and operation of this 
Agreement.  
 7. Reviews, Negotiations  and Future Work  
 
 (a) The Committee shall review 
annually the implementation and 
operation of this Agreement taking 
into account the objectives thereof . 
The Committee shall annually 
inform the General Council of the 
WTO of developments during the 
periods covered by such reviews.  
 
8. Not later than the end of [the tenth  year] from 
the date of entry into force of this Agreement, and 
periodically thereafter, the Parties thereto shall 
undertake further negotiations, with a view to 
improving this Agreement and achieving the greatest 
possible e xtension of its coverage among all Parties 
[on the basis of mutual reciprocity]US[on the basis of 
an appropriate balance of opportunities]CDA[without 
prejudice to the needs of developing countries].ISR 
 (b) Not later than the end of the third 
year from the  date of entry into 
force of this Agreement and 
periodically thereafter, the Parties 
thereto shall undertake further 
negotiations, with a view to 
improving this Agreement and 
achieving the greatest possible 
extension of its coverage among all 
Parties on th e basis of mutual 
reciprocity, having regard to the 
provisions of Article  V relating to 
developing countries.  
 
Article V  
15. In the course of further rounds of negotiations 
in accordance with the provisions of paragraph  7 of 
Article  XXIV, each developing country Party shall give 
consideration to the possibility of enlarging its 
coverage lists, having regard to its economic, 
financial and trade situation.  
 
[9. The Parties shall seek to avoid introducing or 
continuing discriminatory measures and practices 
that distort open procurement and shall, in the 
context of negotiations, seek to eliminate those which 
remain on the date of entry into force of this 
Agreement.]HKC [Market Access Issue ] 
 Article XXIV  
7. (c) Parties shall seek to avoid 
introducing or prolonging 
discriminatory measures and 
practices which distort open 
procurement and shall, in the 
context of negotiations under 
subparagraph (b), seek to eliminate 
those which remain on the date of 
entry into force of this Agreement.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
10. Following the conclusion of the work 
programme for the harmonization of rules of origin for 
goods being undertaken under the Agreement on 
Rules of Origin in Annex  1A of the Agreement 
Establishing the World Trade Organization and 
negotiations regarding trade  in services, the Parties 
shall take the results of that work programme and 
those negotiations into account in amending Article  [] 
as appropriate.  
 Article IV  
2. Following the conclusion of the work 
programme for the harmonization of rules of origin 
for goods to be undertaken under the Agreement on 
Rules of Origin in Annex 1A of the Agreement 
Establishing the World Trade Organization 
(hereinafter referred to as "WTO Agreement") and 
negotiations regarding trade in services, Parties shall 
take the results o f that work programme and those 
negotiations into account in amending paragraph  1 
as appropriate.  
 
10bis. [Not later than the end of the third year from 
the date of entry into force of this Agreement, the 
Committee shall undertake further work to establis h 
a common nomenclature for describing the subject of 
procurement notices and common standardized 
notices in view of improving the effectiveness of cross 
border procurement and simplifying the description 
and content of such notices.]EC 
  
Amendments  
 
11. The Parties may amend this Agreement having 
regard, inter alia , to the experience gained in its 
implementation . Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall [take 
effect for the Parties that have accepted them upon 
acceptance by two thirds of the Parties and thereafter 
for each other Party upon acceptance by it].EC,JPN,KOR 
 Article XXIV  
9. Amendments  
 
 Parties may amend this Agreement having 
regard, inter alia, to the experien ce gained in its 
implementation . Such an amendment, once the 
Parties have concurred in accordance with the 
procedures established by the Committee, shall not 
enter into force for any Party until it has been accepted 
by such Party.  
Withdrawal  
 
12. Any Party may withdraw from this Agreement . 
The withdrawal shall take effect upon the expiration 
of 60  days from the date the Director -General of the 
WTO receives written notice of the withdrawal . Any 
Party may upon such notification request an 
immediate meeti ng of the Committee.  
 10. Withdrawal  
 
 (a) Any Party may withdraw from this 
Agreement . The withdrawal shall 
take effect upon the expiration of 
60 days from the date on which 
written notice of withdrawal is 
received by the Director -General of 
the WTO . Any Party may upon such 
notification request an immediate 
meeting of the Committee.  
 
13. If a Party to this Agreement ceases to be a 
Member of the WTO, it shall cease to be a Party to 
this Agreement with effect from the same date.  
  (b) If a Party to this Agreement does 
not become a Member of the WTO 
within one year of the date of entry 
into force of the WTO Agreement or 
ceases to be a Member of the WTO, 
it shall cease to be a Party to this 
Agreement with effect from the 
same date.  
 
Non-application of this Agreement between Particular 
Parties  
 
14. This Agreement shall not apply as between any 
two Parties if either Party, at the time it accepts or 
accedes to this Agreement, does not consent to such 
application.  
 11. Non-application of this  Agreement between 
Particular Parties  
 
 This Agreement shall not apply as between any 
two Parties if either of the Parties, at the time either 
accepts or accedes to this Agreement, does not 
consent to such application.  
 GPA/TN1994/4/Rev.5  
 
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  PROPOSED REVISION  CORRESPONDING GPA TEXT  
Appendices  
 
15. The Appendices to this Agreement constitute 
an integral part thereof.  
 12. Notes, Appendices and Annexes  
 
 The Notes, Appendices and Annexes to this 
Agreement constitute an integral part thereof.  
Secretariat  
 
16. This Agreement shall be serviced by the WTO 
Secretariat.  
 13. Secretariat  
 
 This Agreement shall be serviced by the WTO 
Secretariat.  
Deposit  
 
17. This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  [] and of each 
amendment thereto pursuant to paragraph  10, and a 
notification of each accession thereto pursuant to 
paragraph  3 and of each withdrawal therefrom 
pursuant to para graph  11. 
 14. Deposit  
 
 This Agreement shall be deposited with the 
Director -General of the WTO, who shall promptly 
furnish to each Party a certified true copy of this 
Agreement, of each rectification or modification 
thereto pursuant to paragraph  6 and of each 
amendment thereto pursuant to paragraph  9, and a 
notification of each acceptance thereof or accession 
thereto pursuant to paragraphs  1 and 2 and of each 
withdrawal therefrom pursuant to paragraph  10 of this 
Article.  
 
Registration  
 
18. This Agreement shall be registered in 
accordance with the provisions of Article  102 of the 
Charter of the United Nations.  
 15. Registration  
 
 This Agreement shall be registered in 
accordance with the provisions of Article 102 of the 
Charter of the United Nations.  
Done at [] this [] day of [] in a single copy in the 
English, French and Spanish languages, each text 
being authentic, except as otherwise specified with 
respect to the Appendices hereto.  Done at Marrakesh this fifteenth day of April 
one thousand  nine hundred  and ninety -four in a single 
copy, in the English, French and Spanish languages, 
each text being authentic, except as otherwise 
specified with respect to the Appendices hereto.  
 GPA/TN1994/4/Rev.5  
 
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  TABLE LISTING THE PROVISIONS IN THE 1994  AGREEMENT WITH  
THE CORRESPONDING PROVISIONS IN THE REVISED DRAFT TEXT  
 
 
PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Preamble  Preamble  
first line ("Parties to this Agreement ...") first line ("Parties to this Agreement...")  
recital 1 ("Recognizing the need for an effective ...") recital 1 ("Recognizing the need for an effective... ") 
recital 2 ("Recognizing that laws ,...") recital 2 ("Recognizing that measures... ") 
recital 3 ("Recognizing that it is desirable ...") recital 6 ("Recognizing  the desirability of ...") 
recital 4 ("Recognizing the need to establish ...")  
recital 5 ("Recognizing the need to take ...") recital 5 ("Recognizing  the need to take ...") 
recital 6 ("Desiring , in accordance with ...")  
recital 7 ("Desiring  to encourage ...") recital 8 ("Desiring  to encourage ...") 
recital 8 ("Having undertaken  further 
negotiations ...") recital 9 ("Having undertaken  further 
negotiations ...") 
last line ("Here by agree... ") last line ("Hereby agree... ") 
Article I  
Scope and Coverage   
paragraph 1  Article II:1  
Article II:2(a) -(b) and (d) -(e) 
footnote 1, first sentence ("For each Party,...")  Article II:3/4  
footnote 1, second sentence ("... Relevant 
thresholds are specified in...")  Article II:2 bis 
paragraph 2  Article II:2(a) -(b) 
paragraph 3  Article II:5/6  
paragraph 4  Article II:2(c)  
Article II:2 bis 
  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article II  
Valuation of Contracts   
paragraph 1  Article II:6/7 chapeau  
footnote 2  Article II:2(c)  
Article II:2 bis 
Article II:6/7 chapeau  
paragraph 2  Article II:6/7(b)(i)  
paragraph 3  Article II:6/7(a)  
paragraph 4 chapeau  Article II:7/8 chapeau  
subparagraph 4(a)  Article II:7/8(a)  
subparagraph 4(b)  Article II:7/8(b)  
paragraph 5  chapeau  Article II:8/9 chapeau  
subparagraph 5(a)  Article II:8/9(a)  
subparagraph 5(b)  Article II:8/9(b)  
paragraph 5, last sentence  Article II:8/9(c)  
paragraph 6  Article II:6/7(b)(ii)  
Article III  
National Treatment and Non -discrimination   
paragraph 1 chapeau  Article III:1 chapeau  
subparagraph 1(a)  Article III:1(a)  
subparagraph 1(b)  Article III:1(b)  
paragraph 2 chapeau  Article III:2 chapeau  
subparagraph 2(a)  Article III:2(a)  
subparagraph 2(b)  Article III:2(b)  
paragraph 3  Article III:6  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article IV  
Rules of Origin   
paragraph 1  Article III:4  
paragraph 2  Article XX: 10 
Article V  
Special and Differential Treatment for 
Developing Countries   
paragraph 1 chapeau  Article XIV:1  
subparagraph 1(a)   
subparagraph 1(b)   
subparagraph 1(c)   
subparagraph 1(d)   
paragraph 2  Article XIV:[2]  
Article XIV:3/4  
paragraph 3  Article XIV:[2]  
Article XIV:3/4  
paragraph 4  Article XIV:2/3(a)  
paragraph 5  Article XIV:6/8  
paragraph 6  Article XIV:2/3  
Article XIV:6/8  
paragraph 7  Article XIV:10/12  
paragraph 8  Article XIV:9/11  
paragraph 9  Article XIV:9/11  
paragraph 10  Article XIV:9/11  
paragraph 12  Article XIV:[2]  
Article XIV:3/4  
paragraph 13  Article XIV:9/11  
paragraph 14  Article XIV:10/12  
  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 15  Article XX: 8 
Article VI  
Technical Specifications   
paragraph 1  Article I:( w), definition of technical specification  
Article VII:4  
paragraph 2 chapeau  Article VII:5 chapeau  
subparagraph 2(a)  Article VII:5(a)  
subparagraph 2(b)  Article VII:5(b)  
Article VII:5 bis 
Article VII:5 ter 
footnote 3   
footnote 4  Article I:( u), definition of standard  
paragraph 3  Article VII:6  
paragraph 4  Article VII:7  
Article VII  
Tendering Procedures   
paragraph 1  Article II:4 /5 
Article III:1  
Article III:3  
paragraph 2  Article XIII: 2 
paragraph 3 chapeau  Article I:(i), definition of limited tendering  
Article I:(n), definition of open tendering  
Article I:( s), defin ition of selective tendering  
Article X:1  
subparagraph 3(a)  Article I:(i), definition of open tendering  
subparagraph 3(b)  Article I:(n), definition of selective tendering  
Article VIII:4  
subparagraph 3(c)  Article I:(s), definition of limited tendering  
Article X:1 chapeau  
Article VIII  
Qualification of Suppliers   
chapeau  Article VIII:1  GPA/TN1994/4/Rev.5  
 
- 88 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph (a)  Article VIII:4  
paragraph (b), first sentence  Article VIII:1  
paragraph (b), second and subsequent sentences  Article VIII:2(a)  
paragraph (c)  Article VIII:5  
Article VIII:7  
paragraph (c), last sentence  Article VIII:12(c)  
paragraph (d)  Article VIII:10  
paragraph (e)  Article VIII:12(c)  
paragraph (f), entire  Article VIII:13  
Article VIII:14  
paragraph (f), second sentence  Article VIII:8(d)  
paragraph (g) chapeau  Article VIII:[11] chapeau  
subparagraph (g)(i)  Article VIII:[11](a)  
Article IX  
Invitation to Participate Regarding Entended 
Procurement   
paragraph 1  Article V:1  
paragraph 2  Article V:1  
paragraph 3  Article V:5  
Article VIII:12 chapeau  
paragraph 4  Article V:5  
paragraph 5  Article VIII:6  
Article VIII:12(a) -(b) 
paragraph 6 chapeau  Article V:2 chapeau  
subparagraph 6(a)  Article V:2(b)  
Article V:2(c)  
Article V:2(d)  
subparagraph 6(b)  Article V:2  (f) GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(c)  Article V:2(e)  
subparagraph 6(d)  Article V:2(g)  
Article V:2(h)  
subparagraph 6(e)  Article V:2(a)  
subparagraph 6(f)  Article V:2(i)  
subparagraph 6(g)  Article V:2(a)  
subparagraph 6(h)   
paragraph 7  Article V:4  
paragraph 8 chapeau  Article V:3 chapeau  
subparagraph 8(a)  Article V:3(a)  
subparagraph 8(b)  Article V:3(b)  
subparagraph 8(c)  Article V:3(c)[(d)]EC 
paragraph 9 chapeau  Article VIII:8 chapeau  
subparagraph 9(a)  Article VIII:8(a)  
subparagraph 9(b)  Article VIII:8(b)  
subparagraph 9(c)  Article VIII:8(d)  
subparagraphs 9(d) -(e) and their chapeau ("When 
such a notice...")  Article VIII:12(a) -(b) 
paragraph 9, final paragraph ("However, when...")  Article VIII:[9]  
paragraph 10  Article VII:9  
paragraph 11  Article V:2(k)  
Article VIII:8(e)  
Article X  
Selection procedures   
paragraph 1  Article VIII:5  
paragraph 2  Article VIII:5  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article VIII:5  
Article VIII:7  
Article VIII:12(c)  
paragraph 4   
Article XI  
Time -limits for Tendering and Delivery   
subparagraph 1(a)  Article VI:1  
subparagraph 1(b)   
subparagraph 2(a)  Article VI:3(a)  
subparagraph 2(b)  Article VI:3(b)   
  
subparagraph 2(c)  Article VI:3(b)  
subparagraphs 3(a)(i) -(iv) Article VI:4(a)(i) -(v) 
subparagraph 3(a), last sentence ("the 40 -day 
limit...")  Article VI:4 chapeau  
subparagraph 3(b)  Article VI:4[(b)]  
subparagraph 3(c)  Article VI:4[(c)/(d)]  
subparagraph 3(d)  Article VI:8  
paragraph 4  Article VII:2  
Article XII  
Tender Documentation   
paragraph 1   
paragraph 2 chapeau  Article VII:1 chapeau  
subparagraph 2(a)   
subparagraph 2(b)   
subparagraph 2(c)   
subparagraph 2(d)   GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 2(e)  Article VII:1(d)  
subparagraph 2(f)  Article VII:1(b)  
subparagraph 2(g)  Article VII:1(a)  
subparagraph 2(h)  Article VII:1(c)  
subparagraph 2(i)  Article VII:1[(e)/(f)]  
subparagraph 2(j)  Article VII:1[(e)/(f)]  
subparagraph 2(k)   
paragraph 3  Article VII:3  
Article XIII  
Submission, Receipt and Opening of Tenders 
and Awarding of Contracts   
subparagraph 1(a)  Article XI:5  
subparagraph 1(b)  Article XI:4  
paragraph 2  Article XI:3  
paragraph 3  Article XI:1  
subparagraph 4(a), first sentence  Article XI:5  
subparagraph 4(a), second sentence  Article XI:8  
subparagraph 4(b)  Article XI:7  
subparagraph 4(c)  Article XI:5  
paragraph 5  Article XI:6  
Article XIV  
Negotiation   
paragraph 1 chapeau  Article IX:1 chapeau  
subparagraph 1(a)  Article IX:1(a)  
subparagraph 1(b)  Article IX:1(b)  
paragraph 2   GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 3  Article XI:2  
Article XIII:2  
subparagraph 4(a)  Article IX:2(a)  
subparagraph 4(b)  Article VII:9  
subparagraph 4(c)  Article IX:2(b)  
subparagraph 4(d)  Article IX:2(b)  
Article XV  
Limited Tendering   
paragraph 1 chapeau  Article X:1 chapeau  
subparagraph 1(a)  Article X:1(a)  
subparagraph 1(b)  Article X:1(b)  
subparagraph 1(c)  Article X:1(d)  
subparagraph 1(d)  Article X:1(c)  
footnote 5  Article X:1(c)  
subparagraph 1(e)  Article X:1(f)  
footnote 6  Article X:1(f)  
subparagraph 1(f)  Article X:1(g)  
subparagraph 1(g)  Article X:1(h)  
subparagraph 1(h)  Article X:1(e)  
subparagraph 1(i)  Article X:1(i)  
subparagraph 1(j)  Article X:1(j)  
paragraph 2  Article X:2  
Article XII:3  
Article XII:[3 bis] 
Article XVI  
Offsets   
paragraph 1  Article III:5  GPA/TN1994/4/Rev.5  
 
- 93 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2  Article XIV: 2/3(b) 
footnote 7  Article I:(m), definition of offsets  
Article XVII  
Transparency   
paragraph 1   
paragraph 2  Article XIX:3  
Article XVIII  
Information and Review as Regards 
Obligations of Entities   
paragraph 1 chapeau  Article XII:2 chapeau  
subparagraph 1(a)  Article XII:2(a)  
subparagraph 1(b)  Article XII:2(b)  
subparagraph 1(c)  Article XII:2(e)  
subparagraph 1(d)  Article XII:2(c)  
subparagraph 1(e)  Article XII:2(d)  
subparagraph 1(f)  Article XII:2(f)  
subparagraph 1(g)  Article XII:2(f)  
subparagraph 2(a)  Article XII:1  
subparagraph 2(b)   
subparagraph 2(c)  Article XII:1  
paragraph 3  Article XII:1  
paragraph 4  Article XIII:2  
Article XIX  
Information and Review as Regards 
Obligations of Parties   
paragraph 1, first sentence  Article IV(a)  
paragraph 1, second sentence  Article IV(b)  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 2  Article XIII:1  
paragraph 3  Article XIII:1  
paragraph 4  Article XIII:3  
Article XIII:[4]  
paragraph 5 chapeau  Article XII:4 chapeau  
subparagraph 5(a), first clause ("for entities in 
Annex  1,...")  Article XII:4(a)  
subparagraph 5(a), second clause ("for entities in 
Annexes 2 and 3,...")  Article XII:4(b)  
subparagraph 5(b), first clause ("for entities in 
Annex  1,...")  Article XII:4(a)  
subparagraph 5(b), second clause ("for entities in 
Annexes 2 and 3,...")  Article XII:4(b)  
subparagraph 5(c), first clause ("for entities in 
Annex  1,...")  Article XII:4(a)  
subparagraph 5( c), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII: 4(b) 
subparagraph 5(d), first clause ("for entities in 
Annex 1,...")  Article XII:54(a)  
subparagraph 5(d), second clause ("for categories of 
entities in Annexes 2 and 3,...")  Article XII:54(b)  
paragraph 5, final paragraph ("To the extent 
that...")   
Article XX  
Challenge Procedures   
paragraph 1  Article XVII:2  
paragraph 2  Article XVII:1  
paragraph 3  Article XVII:1  
paragraph 4  Article XII: 3 
Article XII: 3bis 
paragraph 5  Article XVII:3  GPA/TN1994/4/Rev.5  
 
- 95 - 
 
  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 6 chapeau , first sentence ("Challenges 
shall...")  Article XVII:4  
Article XVII:5  
paragraph 6 chapeau , second sentence ("A review 
body...")  Article XVII:6 chapeau  
subparagraph 6(a)  Article XVII:6(b)  
subparagraph 6(b)  Article XVII:6(c)  
subparagraph 6(c)  Article XVII:6(d)  
subparagraph 6(d)  Article XVII:6(e)  
subparagraph 6(e)  Article XVII:6(a)  
subparagraph 6(f)  Article XVII:6(f)  
subparagraph 6(g)  Article XVII:6(a)  
paragraph 7 chapeau  Article XVII:7 chapeau  
subparagraph 7(a)  Article XVII:7(a)  
subparagraph 7(b)   
subparagraph 7(c)  Article XVII:7(b)  
paragraph 8   
Article XXI  
Institutions   
paragraph 1  Article XIX:1  
paragraph 2  Article XIX:2  
Article XXII  
Consultations and Dispute Settlement   
paragraph 1  Article XVIII:[3] chapeau  
paragraph 2, first and second sentences  Article  XVIII:1/2  
paragraph 2, third sentence  Article XVIII:[1]  
paragraph 3  Article XVIII:3(a) -(b) 
Article XVIII:4  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
paragraph 4   
paragraph 5  Article XVIII:3(c)  
paragraph 6  Article XVIII:3(d)  
paragraph 7  Article XVIII:3(e)  
Article XXIII  
Exceptions to the Agreement   
paragraph 1  Article XV:1  
paragraph 2  Article XV:2  
Article XV:[3]  
Article XXIV  
Final Provisions   
paragraph 1  Article XX:1  
footnote 8  Article XX:1  
paragraph 2  Article XX:3  
subparagraph 3(a)   
subparagraph 3(b)   
footnote 9   
subparagraph 3(c)  Article XX:2  
subparagraph 3(d)   
subparagraph 3(e)   
paragraph 4  Article XX:4  
subparagraph 5(a)  Article XX:5  
subparagraph 5(b)  Article XX:6  
subparagraph 6(a) , first sentence  Article XVI:1  
subparagraph 6(a) , second sentence  Article XVI: 12-[13] 
subparagraph 6(a) , third sentence  Article XVI:14  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
subparagraph 6(a) , fourth sentence  Article XVI:2  
Article XVI:3  
subparagraph 6(a) , fifth sentence  Article XVI:4 -[11] 
subparagraph 6(b), first sentence  Article XVI:1  
subparagraph 6(b), second sentence  Article XVI:12 -[13] 
Article XVI:14  
subparagraph 6(b), third and fourth sentence  Article XVI:4 -[11] 
subparagraph 7(a)  Article XX:7  
subparagraph 7(b)  Article XX: 8 
subparagraph 7(c)  Article XX: 9 
paragraph 8  Article II:1  
Article XI bis  
paragraph 9  Article XX:1 1 
subparagraph 10(a)  Article XX:1 2 
subparagraph 10(b)  Article XX:1 3 
paragraph 11  Article XX:1 4 
paragraph 12  Article XX:1 5 
paragraph 13  Article XX:1 6 
paragraph 14  Article XX:1 7 
paragraph 15  Article XX:1 8 
Closing paragraph   
closing paragraph (" Done at Marrakesh ...")  closing paragraph  ("Done at [ ]...")  
NOTES   
first paragraph ("The terms 'country'  or 
'countries'...")  Article I:(d), definition of country or countries  
second paragraph ("In the case of a separate...")  Article I:(d), definition of country or countries  GPA/TN1994/4/Rev.5  
 
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  PROVISION IN THE GPA 1994  
(NUMBERING)  CORRESPONDING PROVISION IN THE REVISED 
DRAFT TEXT (NUMBERING)  
Article I, paragr aph 1   
third paragraph ("Having regard...")  Article XV: [4] 
APPENDIX I, AN NEX 5  
Definition  Article I:(c), definition of construction services 
contract  
 
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